Rios v. Tiny Giants Daycare, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Gavrin, J.), entered July 15, 2015, which granted the defendant Jose Done’s motion pursuant to CPLR 3211 (a) (7) to dismiss the amended complaint insofar as asserted against him.
Ordered that the order is affirmed, with costs.
In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the sole criterion is whether, from the four corners of the complaint, “factual allegations are discerned which taken together manifest…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Baron v. GalassoAppellate Division of the Supreme Court of the State of New York · 2011
- Fishberger v. VossAppellate Division of the Supreme Court of the State of New York · 2008
- McGuire v. Sterling Doubleday EnterprisesAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by7 opinions
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- CHOROMANSKIS, DIANE v. CHESTNUT HOMEOWNERS ASSOCIATION, INAppellate Division of the Supreme Court of the State of New York · 2017
- Choromanskis v. Chestnut Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 2017
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