Jannetti v. Whelan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the complaint a liberal construction, accept all facts as alleged in the complaint to be true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87 [1994]). Contrary to the contention of the defendants, who entered into a contract with the plaintiff for the sale of their home, applying this standard, the complaint sufficiently states a…
2Cases cited6 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
- EMF General Contracting Corp. v. BisbeeAppellate Division of the Supreme Court of the State of New York · 2004
- Bokhour v. GTI Retail Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Vertical Progression, Inc. v. Canyon Johnson Urban FundsAppellate Division of the Supreme Court of the State of New York · 2015
- Paino v. Kaieyes Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Weill v. East Sunset Park Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2012
8 more not listed; retrieve them via the Exa API.