Legal Opinion

Credit Alliance Corp. v. Arthur Andersen & Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1984PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Ross, J. P.

I would affirm Special Term’s order in its entirety.

Since the defendant elected not to answer, but rather moved to dismiss for failure to state a cause of action, the fundamental principle applies that “every fact alleged must be assumed to be true and the complaint liberally construed in plaintiff’s favor” (Barr v Wackman, 36 NY2d 371, 375).

Plaintiffs Credit Alliance Corporation (Credit) and Leasing Service Corporation (Leasing) have their headquarters offices in New York City. They are affiliated corporations, and are both engaged primarily in financing…

2Cases cited22 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  3. White v. GuarenteNew York Court of Appeals · 1977
  4. Bovsun v. SanperiNew York Court of Appeals · 1984
  5. Barr v. WackmanNew York Court of Appeals · 1975

17 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Pereira v. Centel Corp. (In Re Argo Communications Corp.)United States Bankruptcy Court, S.D. New York · 1991
  2. Westpac Banking Corp. v. DeschampsNew York Court of Appeals · 1985
  3. In Re Am Intern., Inc. Securities Lit.District Court, S.D. New York · 1985
  4. In Re Windsor Plumbing Supply Co., Inc.United States Bankruptcy Court, E.D. New York · 1994
  5. IFD Construction Corp. v. DietzAppellate Division of the Supreme Court of the State of New York · 1999

13 more not listed; retrieve them via the Exa API.

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