Legal Opinion
J & D Evans Construction Corp. v. Iannucci
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 2011PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for breach of contract and unjust enrichment, the plaintiff and the additional counterclaim defendant, Dino Evangelista, appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Spinner, J.), entered April 8, 2010, as denied that branch of their motion which was pursuant to CFLR 3211 (a) (7) to dismiss the third and fourth counterclaims.
Ordered that the order is affirmed insofar as appealed from, with costs.
“In determining a motion to dismiss a cause of action pursuant to CFLR 3211 (a) (7), or, as in this case, a…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
- First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- WIT Holding Corp. v. KleinAppellate Division of the Supreme Court of the State of New York · 2001
- Bank of America, N.A. v. 414 Midland Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by3 opinions
- Greenberg v. MeyrelesAppellate Division of the Supreme Court of the State of New York · 2017
- Transcan Sys., Inc. v. Seldat Distrib., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Minico Ins. Agency, LLC v. B&M Cleanup Servs.Appellate Division of the Supreme Court of the State of New York · 2018