Legal Opinion
Scadura v. Robillard
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1998PublishedCited by 7 opinions
1Opinion of the Court
—In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated December 9, 1997, which granted the motion of the defendants Lawrence C. Gallagher and Nancy V. Gallagher to dismiss the complaint insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1) and (5), the documentary evidence that forms the basis of the defense must be such that it resolves all factual issues as a matter of law, and…
2Cases cited3 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Fernandez v. Cigna Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Kalivia Food Corp. v. Hunts Point Cooperative Market, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by7 opinions
- Fortis Financial Services, LLC v. Fimat Futures USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Museum Trading Co. v. BantryAppellate Division of the Supreme Court of the State of New York · 2001
- Brunot v. Joe Eisenberger & Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Renaissance Equity Holdings, LLC v. Al-An Elevator Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- School Construction Consultants, Inc. v. ARA Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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