Park v. Chessin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Damiani, J.
At the outset, the general rule should be noted that if a motion to dismiss for failure to state a cause of action (CPLR 3211, subd [a], par 7) is addressed to the complaint in its *83entirety, the validity of any single cause of action will suffice as a ground for denial of the motion (see, e.g., De Maria v Josephs, 41 AD2d 655). However, inasmuch as the plaintiffs have failed to appeal from the dismissal of four causes of action asserted in their complaint, the general rule is not applicable in this case.
In June, 1969 plaintiff Hetty Park gave birth to a baby who…
2Cases cited14 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Procanik by Procanik v. CilloSupreme Court of New Jersey · 1984
- Gambar Enterprises, Inc. v. Kelly Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Beardsley v. WierdsmaWyoming Supreme Court · 1982
- Margaret S. v. EdwardsDistrict Court, E.D. Louisiana · 1980
14 more not listed; retrieve them via the Exa API.