Martinez v. La Colonia Restaurant
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
an action to recover damages for personal injuries, the defendants Sukhnanan Sukhnanan and Seerojini Sukhnanan appeal from an order of the Supreme Court, Rings County (Johnson, J.), dated December 11, 2007, which denied that branch of their motion pursuant to CPLR 3211 (a) (1) and (7) which was to dismiss the complaint insofar as asserted against them.
Ordered that the order is affirmed, without costs or disbursements.
On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint, the pleading must be afforded a liberal construction. The court must accept as true the facts alleged in the…
2Cases cited7 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Berger v. Temple Beth-El of Great NeckAppellate Division of the Supreme Court of the State of New York · 2003
- Farber v. BreslinAppellate Division of the Supreme Court of the State of New York · 2008
- Borelli v. 1051 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by2 opinions
- East Hampton Union Free School District v. Sandpebble Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Burnett v. PourgolAppellate Division of the Supreme Court of the State of New York · 2011