Legal Opinion
RAD & D'Aprile Inc. v. Arnell Construction Corp.
New York Supreme Court
Decided June 5, 2015Published
1Opinion of the Court
OPINION OF THE COURT
Carolyn E. Demarest, J.
In this action by plaintiff RAD and DAprile Inc. also known as RAD & DAprile Inc. against defendant Arnell Construction Corp., defendant moves, under motion sequence number one, for an order: (1) pursuant to CPLR 3211 (a) (7), (5) and (1), dismissing plaintiffs verified complaint, with prejudice, on the grounds that the complaint fails to state a cause of action, plaintiff has failed to present its claims within the statutorily mandated time periods, and it has a defense based upon the documentary evidence; and (2) awarding attorneys’ fees and costs…
2Cases cited32 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- Hahn Automotive Warehouse, Inc. v. American Zurich InsuranceNew York Court of Appeals · 2012
- People v. MaherNew York Court of Appeals · 1992
27 more not listed; retrieve them via the Exa API.