Davis v. CCF Capital Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for fraud, negligence, and breach of fiduciary duties, the defendants Bobby Gray Martin and Salem Retirement Services appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (G. Aronin, J.), dated June 23, 1999, as denied the branch of their motion which was to dismiss the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
As a general rule, on a motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]), the complaint…
2Cases cited8 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Rotanelli v. MaddenAppellate Division of the Supreme Court of the State of New York · 1991
- S.H. & Helen R. Scheuer Family Foundation, Inc. v. 61 AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by7 opinions
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- Benyo v. SikorjakAppellate Division of the Supreme Court of the State of New York · 2008
- Boris v. Bock Water Heaters, Inc.New York Supreme Court · 2004
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