Legal Opinion

Malphrus v. Carrk

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1996PublishedCited by 1 opinion

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Kahn, J.), entered May 11, 1995 in Albany County, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action.

In our view, Supreme Court properly granted defendants’ motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]). Even giving plaintiff’s pro se pleadings the benefit of every favorable inference, as is appropriate on such a motion, we fail to discern any cognizable cause of action upon which relief could be granted (see, Di Nezza v Credit Data of Hudson Val., 166…

2Cases cited1 opinion

  1. Di Nezza v. Credit Data of Hudson Valley, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. Doe v. Community Health PlanAppellate Division of the Supreme Court of the State of New York · 2005

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