Legal Opinion
Fortis Financial Services, LLC v. Fimat Futures USA, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2002PublishedCited by 28 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 13, 2000, which granted defendant’s motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint, unanimously reversed to the extent appealed from, as limited by the briefs, on the law, without costs, the motion denied and the first cause of action reinstated.
On a motion to dismiss pursuant to CPLR 3211 (a) (1), the defendant has the burden of showing that the relied-upon documentary evidence “resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claim” (Scadura v Robillard, 256…
2Cases cited2 opinions
- Scadura v. RobillardAppellate Division of the Supreme Court of the State of New York · 1998
- Benvenuto v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by28 opinions
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Cronos Group Ltd. v. XComIP, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Greenberg v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2017
- Robinson v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2003
- J.A. Lee Electric, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
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