Manfro v. McGivney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*663In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dillon, J.), dated May 9, 2003, which granted the motion of the defendants Mary Ann McGivney and Holy Trinity School and the separate motion of the defendants Brian Hinman and Lori Hinman pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is affirmed, with one bill of costs.
To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence that forms the basis of the defense must be such that…
2Cases cited15 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Lombardi v. StoutNew York Court of Appeals · 1992
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
- Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Donohue v. Copiague Union Free School DistrictNew York Court of Appeals · 1979
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