Legal Opinion
BMW Group, LLC v. Castle Oil Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2016No. 650911/13 650910/13 16139PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
In these two appeals, we reinstate the complaints, holding that when the proper standard of review for a CPLR 3211 (a) (7) motion is applied, and the complaints’ factual assertions, along with any inferences that can be drawn from them, are accepted as true, the complaints’ allegations are sufficient to state a cause of action. Essentially, plaintiffs allege that the respective defendants provided their customers (plaintiffs) with inferior, adulterated heating oil, i.e. that the fuel oil that was delivered to them contained oils of lesser value mixed into the…
2Cases cited5 opinions
- Feinstein v. Firestone Tire and Rubber Co.District Court, S.D. New York · 1982
- Frank v. DaimlerChrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- New York City Off-Track Betting Corp. v. Safe Factory Outlet, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Milligan Contracting Inc. v. Mancini Associates Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Belfont Sales Corp. v. Gruen Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by2 opinions
- In re General Motors LLC Ignition Switch LitigationDistrict Court, S.D. New York · 2017
- Mid Is. LP v. Hess Corp.Appellate Division of the Supreme Court of the State of New York · 2020