Constructamax, Inc. v. Weber
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for contractual and common-law indemnification, the defendant appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered March 9, 2012, which denied its motion, in effect, pursuant to CPLR 3211 (a) to dismiss the amended complaint.
Ordered that the order is affirmed, with costs.
“On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference,…
2Cases cited20 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Breytman v. Olinville Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by19 opinions
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- Korsinsky v. RoseAppellate Division of the Supreme Court of the State of New York · 2014
- Sposato v. PaboojianAppellate Division of the Supreme Court of the State of New York · 2013
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