Legal Opinion
Sirlin v. Town of New Castle
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for false arrest and malicious prosecution, the defendants appeal from an order of the Supreme Court, Westchester County (Barone, J.), entered April 7, 2004, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.
Ordered that the order is affirmed, with costs.
In reviewing a motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, the factual allegations of the complaint must be deemed to be true, and the court must afford the plaintiff the…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Broughton v. StateNew York Court of Appeals · 1975
- Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 1995
- Johnson v. Kings County District Attorney's OfficeAppellate Division of the Supreme Court of the State of New York · 2003
- People v. ChasserotNew York Court of Appeals · 1972
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ferran v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
- Ferran v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014