Legal Opinion
Elm Sea Realty Corp. v. Chicoy
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 4 opinions
1Opinion of the Court
In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court should “accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the *1048facts as alleged fit within any cognizable legal theory” (Leon v Martinez, 84 NY2d 83, 87 [1994]). Applying these principles, the Supreme Court correctly determined that the complaint sufficiently stated causes of action to recover the funds held in the escrow accounts. Accordingly, the court properly denied that branch of the appellants’ motion…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Leon v. MartinezNew York Court of Appeals · 1994
- Teitler v. Max J. Pollack & SonsAppellate Division of the Supreme Court of the State of New York · 2001
- American Fire Restoration v. GdanskiAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Suchmacher v. Manana GroceryAppellate Division of the Supreme Court of the State of New York · 2010
- Midorimatsu, Inc. v. Hui Fat Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Thompsen v. BaierAppellate Division of the Supreme Court of the State of New York · 2011
- Midorimatsu, Inc. v. Hui Fat Co.Appellate Division of the Supreme Court of the State of New York · 2012