Legal Opinion
Tom Winter Associates, Inc. v. Sawyer
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 2010PublishedCited by 3 opinions
1Opinion of the Court
— In an action, inter alia, to recover damages for breach of contract and to foreclose a mechanic’s lien, the defendants David N. Sawyer and Amanda Hilton Sawyer appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated February 26, 2009, which denied their motion pursuant to CELR 3211 (a) (7) to dismiss the complaint insofar as asserted against them and to vacate the mechanic’s lien.
Ordered that the order is affirmed, with costs.
“On a motion to dismiss pursuant to CELR 3211 (a) (7), the pleading is to be afforded a liberal construction” (Kempf v *804Magida, 37 AD3d 763, 764…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Arnav Industries, Inc. Retirement Trust v. BrownNew York Court of Appeals · 2001
- Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
- Wilner v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Kempf v. MagidaAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nationwide Insulation & Sales, Inc. v. Nova Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Sarva v. Self Help Community Services, IncAppellate Division of the Supreme Court of the State of New York · 2010
- Mehl v. MehlAppellate Division of the Supreme Court of the State of New York · 2011