Legal Opinion
McLearn v. Cowen & Co.
New York Court of Appeals
Decided September 29, 1983PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court denying defendant’s motion to dismiss reinstated, without prejudice, however, to the right of defendant, other than in a motion under CPLR 3211, to raise the defense of failure to state a cause of action.
For a statement of the history of this appeal see 48 NY2d 696. Subsequent to that determination, plaintiff returned to the Federal courts for clarification of the District Court determination as to dismissal of her State law cause of action. Pending such…
2Cases cited2 opinions
- Rich v. LefkovitsNew York Court of Appeals · 1982
- McLearn v. Cowen & Co.New York Court of Appeals · 1979
3Cited by53 opinions
- Ultramar Energy Ltd. v. Chase Manhattan Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1993
- Parks v. City of MadisonCourt of Appeals of Wisconsin · 1992
- Browning Avenue Realty Corp. v. RubinAppellate Division of the Supreme Court of the State of New York · 1994
- Mohamed v. Exxon Corp.Court of Appeals of Texas · 1990
- Tortorello v. CarlinAppellate Division of the Supreme Court of the State of New York · 1999
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