Legal Opinion
Posner v. Lewis
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2010PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
Plaintiff alleges that defendants engaged in a malicious course of conduct that resulted in the denial of his application for tenure, solely as retribution for plaintiffs refusal to accede to their demands that he relinquish all of his parental rights to his newly born daughter, and not as a genuine effort to promote any public policy concern.
Accepting these allegations as true, and according them the benefit of every favorable inference, as we must do on a motion to dismiss pursuant to CPLR 3211 (a) (7) (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), both the…
2Cases cited13 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schoolcraft v. City of New YorkDistrict Court, S.D. New York · 2015
- Posner v. LewisNew York Court of Appeals · 2012