Lebovits v. Bassman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to set aside a recorded mortgage on the ground of fraud and to recover damages for fraud and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated August 29, 2012, which granted the motion of the defendant Sovereign Bank pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
“On a motion to dismiss, the complaint is to be afforded a liberal construction, the facts alleged are presumed to be true, the plaintiff is afforded the benefit…
2Cases cited11 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
- Georgia Malone & Co. v. RiederNew York Court of Appeals · 2012
- Schlaifer Nance & Company v. The Estate of Andy Warhol, Frederick Hughes, Edward W. Hayes, Esq., and Vincent FremontCourt of Appeals for the Second Circuit · 1997
- Sperry v. Crompton Corp.New York Court of Appeals · 2007
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- GFRE, Inc. v. U.S. Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2015
- Litvinoff v. WrightAppellate Division of the Supreme Court of the State of New York · 2017
- City of Long Beach v. AgostisiAppellate Division of the Supreme Court of the State of New York · 2023
- Loeuis v. GrushinAppellate Division of the Supreme Court of the State of New York · 2015
- Scifo v. TaibiAppellate Division of the Supreme Court of the State of New York · 2021
22 more not listed; retrieve them via the Exa API.