Porcelli v. Key Food Stores Co-Operative, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1021In an action, inter alia, to recover damages for assault, the defendant Key Food Stores Co-Operative, Inc., doing business as Key Food, appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 5, 2007, which denied its motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
On a motion to dismiss pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every…
2Cases cited16 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Riviello v. WaldronNew York Court of Appeals · 1979
- Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
- Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLPAppellate Division of the Supreme Court of the State of New York · 2006
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Selechnik v. Law Office of BirnbachAppellate Division of the Supreme Court of the State of New York · 2011
- Mantione v. Crazy Jakes, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Norwood v. Simon Prop. Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Faiella v. Tysens Park ApartmentsAppellate Division of the Supreme Court of the State of New York · 2013
- Faiella v. Tysens Park ApartmentsAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.