Legal Opinion
Loevner v. Loevner
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 2011PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for fraud and breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated June 16, 2010, which denied his motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
On this motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint based on a defense founded upon documentary evidence, the defendant failed to sustain his burden of coming forward with documentary evidence which “utterly refutes [the] plaintiffs factual allegations, conclusively…
2Cases cited11 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Braddock v. BraddockAppellate Division of the Supreme Court of the State of New York · 2009
- Reiner v. ReinerAppellate Division of the Supreme Court of the State of New York · 1984
- Suchmacher v. Manana GroceryAppellate Division of the Supreme Court of the State of New York · 2010
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Loeuis v. GrushinAppellate Division of the Supreme Court of the State of New York · 2015
- Amici v. MazzaAppellate Division of the Supreme Court of the State of New York · 2025