Legal Opinion
Janice M. v. Terrance J.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2012PublishedCited by 13 opinions
1Opinion of the Court
Order, Family Court, New York County (Fiordaliza A. Rodriguez, Ref.), entered on or about June 6, 2011, which dismissed the petition for an order of protection against respondent for failure to make out a prima facie case, unanimously reversed, on the law, without costs, the petition reinstated, and the matter remanded for further proceedings in accordance herewith.
In determining a motion to dismiss for failure to establish a prima facie case, the evidence must be accepted as true and given the benefit of every reasonable inference that may be drawn therefrom. The issue of credibility is…
2Cases cited2 opinions
- Mamantov v. MamantovAppellate Division of the Supreme Court of the State of New York · 2011
- Ramroop v. RamsagarAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by13 opinions
- Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Sharon D. v. Dara K.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Chigusa Hosono D. v. Jason George D.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Kirsten G. v. Melvin G.Appellate Division of the Supreme Court of the State of New York · 2016
- Hubbard v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2013
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