Legal Opinion
Pellarin v. Moon Bay Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2006PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an *554order of the Supreme Court, Suffolk County (Underwood, J.), dated November 12, 2004, as denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint and to cancel the notice of pendency.
Ordered that the order is affirmed insofar as appealed from, with costs.
In considering a motion to dismiss pursuant to CPLR 3211 (a) (7), the court should “accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible…
2Cases cited9 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Takayama v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1998
- Grinblat v. TaubenblatAppellate Division of the Supreme Court of the State of New York · 1985
- Krohn v. Felix Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by3 opinions
- Gateway I Group, Inc. v. Park Avenue Physicians, P.C.Appellate Division of the Supreme Court of the State of New York · 2009
- Neurological Services of Queens, P.C. v. Farmingville Family Medical Care, PLLCAppellate Division of the Supreme Court of the State of New York · 2009
- Merna v. SimuroAppellate Division of the Supreme Court of the State of New York · 2008