Legal Opinion

Schwartz v. Schwartz

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

Decided October 28, 2008PublishedCited by 9 opinions

1Opinion of the Court

an action, inter alia, to recover damages for fraud, conversion, and unjust enrichment, the defendant Schwartz Brothers Yerusha, LLC, appeals from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated April 7, 2007, as denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the allegations in the complaint should be accepted as…

2Cases cited10 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Cruz v. McAneneyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Hearst v. HearstAppellate Division of the Supreme Court of the State of New York · 2008
  4. Hartman v. MorgansternAppellate Division of the Supreme Court of the State of New York · 2006
  5. Asgahar v. Tringali Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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3Cited by9 opinions

  1. Cascardo v. StacchiniAppellate Division of the Supreme Court of the State of New York · 2012
  2. County of Nassau v. Expedia, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Center for Rehabilitation & Nursing at Birchwood, LLC v. S & L Birchwood, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Monex Financial Services, Ltd. v. Dynamic Currency Conversion, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Aponte v. Estate of Rene AponteAppellate Division of the Supreme Court of the State of New York · 2019

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

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