Legal Opinion
Miller v. Davis
New York Supreme Court
Decided October 31, 1980PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Aaron E. Klein, J.
The defendants, pursuant to CPLR 3211 (subd [a], par 7) seeks an order dismissing the second cause of action contained in the complaint, contending that it appears from the face of the complaint that the plaintiff Laura L. Miller was not married to plaintiff, Michael J. Miller, on the date of the accident, allegedly giving rise to the injuries sustained by him and pleaded as a derivative cause of action by the plaintiff, Laura L. Miller.
On a motion such as this where no affidavits are submitted, the allegations of the pleading are deemed true, and the…
2Cases cited3 opinions
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Rademacher v. TorbensenAppellate Division of the Supreme Court of the State of New York · 1939
- Kronenbitter v. Washburn Wire Co.New York Court of Appeals · 1958
3Cited by13 opinions
- Gurliacci v. MayerSupreme Court of Connecticut · 1991
- Briggs v. Julia L. Butterfield Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Harris v. ShermanSupreme Court of Vermont · 1998
- Ledger v. TippittCalifornia Court of Appeal · 1985
- Weaver v. G.D. Searle & Co.District Court, N.D. Alabama · 1983
8 more not listed; retrieve them via the Exa API.