Legal Opinion
Brigham v. McCabe
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1966PublishedCited by 8 opinions
1Per curiam
This is an appeal by the plaintiff from orders and judgments dismissing his complaint for failure to state a cause of action (CPLR 3211, subd. [a]).
For the purpose of such a motion to dismiss for failure to state a cause of action, the allegations of the pleading attacked are to be taken as true. However, pursuant to CPLR 3211 (subd. [c]), the parties may submit evidence as on a motion for summary judgment.
The complaint purports to plead one cause of action against all defendants in the nature of an accounting and for injunctive relief.
Although the New York State Teachers’ Retirement System…
2Cases cited5 opinions
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Sundail Construction Co. v. Liberty BankNew York Court of Appeals · 1938
- Matter of HoldenNew York Court of Appeals · 1934
- Heller v. BoylanAppellate Division of the Supreme Court of the State of New York · 1941
- Waller v. First Bank & Trust Co.New York Supreme Court · 1957
3Cited by8 opinions
- Sirico v. F.G.G. Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Gersten-Hillman Agency, Inc. v. HeymanAppellate Division of the Supreme Court of the State of New York · 2009
- National Union Fire Insurance v. Proskauer Rose Goetz & MendelsohnNew York Supreme Court · 1994
- Reichert v. N. MacFarland Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Quest Equities Corp. v. BensonAppellate Division of the Supreme Court of the State of New York · 1993
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