Legal Opinion
Cog-Net Building Corp. v. Travelers Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 2011PublishedCited by 4 opinions
1Opinion of the Court
A motion to dismiss a complaint pursuant to CPLR 3211 (a) (1) may be granted only where the documentary evidence submitted by the movant utterly refutes the plaintiffs allegations against it and conclusively establishes a defense as a matter of law (see Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]; Rietschel v Maimonides Med. Ctr., 83 AD3d 810, 811 [2011]; Fontanetta v John Doe 1, 73 AD3d 78, 83 [2010]). Here, the documentary evidence submitted by the ap*586pellant failed to satisfy this standard, and the Supreme Court properly denied that branch of the appellant’s motion which…
2Cases cited9 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
- Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nunez v. MohamedAppellate Division of the Supreme Court of the State of New York · 2013
- Marom v. AnselmoAppellate Division of the Supreme Court of the State of New York · 2011
- 1507 Realty Services, LLC v. US Bank National Ass'nAppellate Division of the Supreme Court of the State of New York · 2017
- Nunez v. MohamedAppellate Division of the Supreme Court of the State of New York · 2013