Legal Opinion
European American Bank v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided October 12, 1999PublishedCited by 12 opinions
1Opinion of the Court
—In an action to recover on a guarantee, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated October 6, 1998, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court erred when it granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1). The documentary evidence submitted by the defendant did not contradict the complaint’s factual claims (see, Smuckler v Mercy…
2Cases cited5 opinions
- Ford Motor Credit Co. v. Colonial Funding Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Prudential Home Mortgage Co. v. Neildan Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Roth v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1998
- Tilles Investment Co. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1994
- Smuckler v. Mercy CollegeAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by12 opinions
- State Farm Mutual Automobile Insurance v. AllstonAppellate Division of the Supreme Court of the State of New York · 2002
- Dann v. King Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2003
- Gaslow v. Phillips Nizer Benjamin Krim & Ballon, L. L. P.Appellate Division of the Supreme Court of the State of New York · 2001
- Topel v. Reliastar Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Lowinger v. LowingerAppellate Division of the Supreme Court of the State of New York · 2003
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