Legal Opinion

Klein v. Schifenbauer

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1990Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant Milton Schifenbauer appeals from an order of the Supreme Court, Kings County (Held, J.), dated November 17, 1988, which denied his motion to dismiss the complaint insofar as it asserted a cause of action against him individually.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the complaint sufficiently stated a cause of action cognizable at law against the defendant Milton Schifenbauer individually, sufficient to withstand a motion to dismiss (see, CPLR 3211 [a] [7]; Nolechek…

2Cases cited3 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Nolechek v. GesualeNew York Court of Appeals · 1978
  3. Rosenberg v. MermelsteinAppellate Division of the Supreme Court of the State of New York · 1986

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