Lupinski v. Village of Ilion
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendant village appeals from an order denying a motion by it to dismiss the complaint for failure to state a cause of action. On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (subd [a], par 7) a liberal construction is applied in testing the adequacy of the pleading (see, e.g., Coutu v Otis Elevator Co., 58 AD2d 131). Accordingly, all of the factual allegations in the complaint must be assumed to be true (Brady & Co. v Concrete Plank Co., 56 AD2d 591) and the…
2Cases cited14 opinions
- Paul v. HoganAppellate Division of the Supreme Court of the State of New York · 1977
- Rogers v. . Village of Port ChesterNew York Court of Appeals · 1922
- Town of Cortlandt v. Village of PeekskillNew York Court of Appeals · 1939
- Crossways Apartments Corp. v. AmanteAppellate Division of the Supreme Court of the State of New York · 1925
- Stage v. Village of OwegoAppellate Division of the Supreme Court of the State of New York · 1975
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Shields v. School of Law of Hofstra UniversityAppellate Division of the Supreme Court of the State of New York · 1980
- Chrysler Capital Corp. v. Hilltop Egg Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Klein v. Empire Blue Cross & Blue ShieldAppellate Division of the Supreme Court of the State of New York · 1991
- Griffin Bros. v. YattoAppellate Division of the Supreme Court of the State of New York · 1979
- Copeland v. Weyerhaeuser Co.Appellate Division of the Supreme Court of the State of New York · 1986
14 more not listed; retrieve them via the Exa API.