Legal Opinion
Marple v. Sorg
Appellate Division of the Supreme Court of the State of New York
Decided August 19, 1996PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages, inter alia, for slander to title and abuse of process, the defendants appeal from an order of the Supreme Court, Westchester County (Fredman, J.), entered October 24, 1995, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
It is well settled that on a motion to dismiss the complaint for failure to state a cause of action under CPLR 3211 (a) (7), the complaint must be construed in a light most favorable to the plaintiff and all the factual allegations must be accepted as true (see,…
2Cases cited3 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Roland Pietropaoli Trucking, Inc. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- One Acre, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
- Lorenzo Marble & Tile, Inc. v. MevesAppellate Division of the Supreme Court of the State of New York · 1997
- Oakfield Group, L. L. C. v. Bell Atlantic Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- G & R Check Cashing Corp. v. CorinesAppellate Division of the Supreme Court of the State of New York · 1997