Peter F. Gaito Architecture, LLC v. Simone Development Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Rúdolph, J.), dated November 3, 2006, as granted those branches of the defendant’s motion which were to dismiss the first, second, and third causes of action pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed insofar as appealed from, with costs.
In assessing a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), where evidentiary material is adduced in support of the motion, the court must determine whether…
2Cases cited6 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Meyer v. GuintaAppellate Division of the Supreme Court of the State of New York · 1999
- McGuire v. Sterling Doubleday EnterprisesAppellate Division of the Supreme Court of the State of New York · 2005
- Palazzolo v. Herrick, Feinstein, LLPAppellate Division of the Supreme Court of the State of New York · 2002
- Steiner v. Lazzaro & Gregory, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Thomas v. LaSalle Bank National Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
- Smith v. Meridian Technologies, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Deutsche Bank National Trust Co. v. SinclairAppellate Division of the Supreme Court of the State of New York · 2009
- Lucia v. GoldmanAppellate Division of the Supreme Court of the State of New York · 2009
- ADCO Electrical Corp. v. HRH Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2009
16 more not listed; retrieve them via the Exa API.