Legal Opinion
Teitler v. Max J. Pollack & Sons
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2001PublishedCited by 32 opinions
1Opinion of the Court
—In an action to recover damages for negligence and breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated January 22, 2001, which denied its motion pursuant to CPLR 3211 (a) (1), (5), and (8) to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, the branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) is granted, the balance of the motion is denied as academic, and the complaint is dismissed.
To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Held v. KaufmanNew York Court of Appeals · 1998
- Museum Trading Co. v. BantryAppellate Division of the Supreme Court of the State of New York · 2001
- Brunot v. Joe Eisenberger & Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Jaslow v. Pep Boys—Manny, Moe & JackAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by32 opinions
- Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLPAppellate Division of the Supreme Court of the State of New York · 2006
- Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
- Foster v. KovnerAppellate Division of the Supreme Court of the State of New York · 2007
- Klein v. GutmanAppellate Division of the Supreme Court of the State of New York · 2004
- Yenrab, Inc. v. 794 Linden Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2009
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