Simos v. Vic-Armen Realty, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In May 2009, the plaintiff commenced this action against, among others, Blvd Wines & Liquors, Inc. (hereinafter Blvd Wines), to recover damages for personal injuries she allegedly sustained when she fell over metal cellar doors on the sidewalk abutting premises leased by Blvd Wines. As relevant here, the *761Supreme Court granted Blvd Wines’ motion, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it.
“In considering a motion to dismiss pursuant to CPLR 3211 (a) (7), the court should ‘accept the facts as alleged in the complaint as true, accord…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
- Kempf v. MagidaAppellate Division of the Supreme Court of the State of New York · 2007
- Bodden v. KeanAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- JT Queens Carwash, Inc. v. JDW & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Smith v. Pottery King, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Waters Edge @ Jude Thaddeus Landing, Inc. v. B & G Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Allen v. EcheverriaAppellate Division of the Supreme Court of the State of New York · 2015
- Rathje v. TomitzAppellate Division of the Supreme Court of the State of New York · 2015
3 more not listed; retrieve them via the Exa API.