Legal Opinion
DeMarzo v. DeMarzo
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2017No. 2016-02426PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for malicious prosecution and false arrest, the defendant appeals from so much of an order of the Supreme Court, Richmond County (Minardo, J.), dated January 21, 2016, as denied those branches of her motion which were pursuant to CPLR 3211 (a) (7) to dismiss the causes of action to recover damages for malicious prosecution and false arrest.
Ordered that the order is affirmed insofar as appealed from, with costs.
On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
- Smith-Hunter v. HarveyNew York Court of Appeals · 2000
- Cantalino v. DannerNew York Court of Appeals · 2001
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3Cited by3 opinions
- Coscia v. El JamalAppellate Division of the Supreme Court of the State of New York · 2017
- Hughes v. VentoAppellate Division of the Supreme Court of the State of New York · 2024
- Stewart v. Fein Such & Crain, LLPAppellate Division of the Supreme Court of the State of New York · 2025