Legal Opinion

Mariano v. Fiorvante

Appellate Division of the Supreme Court of the State of New York

Decided June 25, 2014PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for fraud, breach of contract, conversion, negligence, and “elder abuse,” the plaintiff appeals from an order of the Supreme Court, Queens County (Siegal, J.), entered June 10, 2013, which granted the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the causes of action sounding in conversion and negligence as time-barred and pursuant to CPLR 3211 (a) (7) to dismiss the causes of action sounding in fraud, breach of contract, and “elder abuse” for failure to state a cause of action, and denied, as academic, her cross motion pursuant to CPLR 3403 (a)…

2Cases cited11 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  3. Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
  4. Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
  5. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958

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3Cited by7 opinions

  1. Stewart v. GDC Tower at GreystoneAppellate Division of the Supreme Court of the State of New York · 2016
  2. New York State Workers' Compensation Board v. Marsh U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of ImperatoAppellate Division of the Supreme Court of the State of New York · 2017
  4. Rosenbaum v. FestingerAppellate Division of the Supreme Court of the State of New York · 2017
  5. Glinskaya v. ZelmanAppellate Division of the Supreme Court of the State of New York · 2015

2 more not listed; retrieve them via the Exa API.

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