Legal Opinion
Melnicke v. Brecher
Appellate Division of the Supreme Court of the State of New York
Decided September 8, 2009PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, for specific performance of a contract for the purchase of real property, the defendants Hershel Weiss and Rivka Weiss appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 29, 2007, which denied their motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
For a defendant to be entitled to dismissal of an action pursuant to CPLR 3211 (a) (1), a party must present documentary ev*1021idence that resolves all factual issues as a matter of law and…
2Cases cited9 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
- Smith v. Meridian Technologies, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- DePasquale v. DePasqualeAppellate Division of the Supreme Court of the State of New York · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roth v. R & P Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Dynamic Medical Imaging, P.C. v. State Farm Fire & Casualty Co.New York District Court · 2011