Legal Opinion
Cheung v. Chao Fu
Appellate Division of the Supreme Court of the State of New York
Decided July 27, 2010PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for wrongful death, etc., the defendants Red Apple Child Development Center and Xiaoping Fan, also known as Joanna Fan, appeal from an order of the Supreme Court, Kings County (Jacobson, J.), dated December 22, 2009, 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.
In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court should “accept the facts as alleged in the complaint as true, accord [the]…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Kempf v. MagidaAppellate Division of the Supreme Court of the State of New York · 2007
- Berger v. Temple Beth-El of Great NeckAppellate Division of the Supreme Court of the State of New York · 2003
- Herrnsdorf v. Bernard Janowitz Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by2 opinions
- National Recruiting Group, LLC v. Bern Ripka LLPAppellate Division of the Supreme Court of the State of New York · 2020
- Born to Build LLC v. SalehNew York Supreme Court · 2012