Legal Opinion

Matteawan On Main, Inc. v. City of Beacon

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

Decided August 21, 2013Published

1Opinion of the Court

In an action, inter alia, to recover money had and received, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated September 2, 2011, as, upon remittitur from this Court by decision and order dated May 24, 2011 (see Matteawan On Main, Inc. v City of Beacon, 84 AD3d 1183 [2011]), denied those branches of its motion which were pursuant to CPLR 3211 (a) to dismiss the first, third, and fifth causes of action asserted in the amended complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In…

2Cases cited21 opinions

First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
Swift v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2006
Williams v. New York City Health and Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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