Legal Opinion
Brunot v. Joe Eisenberger & Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 1999PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant Joe Eisenberger & Co., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated May 18, 1999, as denied its motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff-respondent.
To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence that forms the basis of the defense must be such that it resolves…
2Cases cited3 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Scadura v. RobillardAppellate Division of the Supreme Court of the State of New York · 1998
- Kalivia Food Corp. v. Hunts Point Cooperative Market, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Teitler v. Max J. Pollack & SonsAppellate Division of the Supreme Court of the State of New York · 2001
- Nevin v. Laclede Professional Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Putnam County Temple & Jewish Center, Inc. v. Rhinebeck Savings BankAppellate Division of the Supreme Court of the State of New York · 2011
- Saxony Ice Co. v. Ultimate Energy Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- New York Cooling Towers, Inc. v. GoidelNew York Supreme Court · 2005
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