Legal Opinion
Maranga v. McDonald & T. Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2004PublishedCited by 7 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals from so much of an order *352of the Supreme Court, Kings County (Ambrosio, J.), dated April 7, 2003, as granted the motion of the defendant Roman Fajngold pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him for failure to state a cause of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
“On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine, accepting as true the factual averments of the complaint and…
2Cases cited3 opinions
- Westminster Construction Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1990
- Schneider v. HandAppellate Division of the Supreme Court of the State of New York · 2002
- Gordon v. Teramo & Co.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- B & M Linen, Corp. v. Kannegiesser, USA, Corp.District Court, S.D. New York · 2010
- Banks v. Correctional Services Corp.District Court, E.D. New York · 2007
- Kamfar v. New World Restaurant Group, Inc.District Court, S.D. New York · 2004
- Stern v. H. DiMarzo, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Shephard v. FriedlanderAppellate Division of the Supreme Court of the State of New York · 2021
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