Legal Opinion
Piffath v. Esposito
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1977PublishedCited by 6 opinions
1Opinion of the Court
— In an action, inter alia, to recover damages for fraud, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated May 12, 1976, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action. Order modified, as a matter of discretion in the interest of justice, by adding thereto a provision granting plaintiff permission to apply to Special Term for leave to replead, upon a showing of merit. As so modified, order affirmed, with $50 costs and disbursements to defendant payable by plaintiff. Plaintiff-appellant and defendant-respondent…
2Cases cited2 opinions
- Rochester Poster Advertising Co. v. Town of PenfieldAppellate Division of the Supreme Court of the State of New York · 1976
- Bay Crane Service, Inc. v. P. J. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1977
3Cited by6 opinions
- Virelli v. Goodson-Todman Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 1989
- Boothe v. WeissAppellate Division of the Supreme Court of the State of New York · 1985
- Maney v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1984
- Annicaro v. StructurtoneAppellate Division of the Supreme Court of the State of New York · 1991
- Lambert v. MarksAppellate Division of the Supreme Court of the State of New York · 1983
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