Legal Opinion

Parsippany Construction Co. v. Clark Patterson Associates, P.C.

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 2007PublishedCited by 8 opinions

1Opinion of the Court

*806In an action, inter alia, to recover damages for negligence, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated February 16, 2006, as granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the second cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the allegations in the complaint should be accepted as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]).…

2Cases cited6 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Meyer v. GuintaAppellate Division of the Supreme Court of the State of New York · 1999
  3. Hartman v. MorgansternAppellate Division of the Supreme Court of the State of New York · 2006
  4. Asgahar v. Tringali Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Morales v. Copy Right, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hense v. BaxterAppellate Division of the Supreme Court of the State of New York · 2010
  2. T.V. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2011
  3. Porcelli v. Key Food Stores Co-Operative, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Paolino v. PaolinoAppellate Division of the Supreme Court of the State of New York · 2008
  5. Kass v. ZaslavAppellate Division of the Supreme Court of the State of New York · 2008

3 more not listed; retrieve them via the Exa API.

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