Legal Opinion
Cayuga Partners, LLC v. 150 Grand, LLC
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2003PublishedCited by 15 opinions
1Opinion of the Court
—In an action, inter alia, for an accounting, the plaintiff/counterclaim defendant and the counterclaim defendant appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered July 25, 2002, which denied their motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the counterclaim.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the motion by the appellants, Cayuga Partners, LLC, and Howard Sturman, to dismiss the counterclaim sounding in fraud, pursuant to CPLR 3211 (a) (1) and (7). It is well established that on a motion pursuant to…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Wiener v. Lazard Freres & Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by15 opinions
- Elow v. SvenningsenAppellate Division of the Supreme Court of the State of New York · 2009
- Bank of America, N.A. v. 414 Midland Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Hartman v. MorgansternAppellate Division of the Supreme Court of the State of New York · 2006
- McGuire v. Sterling Doubleday EnterprisesAppellate Division of the Supreme Court of the State of New York · 2005
- Asgahar v. Tringali Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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