Legal Opinion
Friedman v. Seward Park Housing Corp.
Appellate Terms of the Supreme Court of New York
Decided December 13, 1995PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered November 22, 1994 reversed, without costs, *58defendant’s motion to dismiss is denied, and the action is reinstated.
Plaintiff, a tenant shareholder in the defendant cooperative, sued in the Small Claims Part for "breach of agreement” in connection with defendant’s alleged failure to paint his apartment. Defendant’s CPLR 3211 (a) (7) dismissal motion was granted by Civil Court upon its finding that plaintiff had "failed to put forth a prima facie case for breach of contract”.
We reiterate the rule that pretrial motions to dismiss for failure to state a cause of…
3Cases cited1 opinion
- Weiner v. Tel Aviv Car & Limousine Service, Ltd.Civil Court of the City of New York · 1988
4Cited by7 opinions
- Rackowski v. ArayaAppellate Division of the Supreme Court of the State of New York · 2017
- Sarver v. Pace UniversityAppellate Terms of the Supreme Court of New York · 2004
- Bogom-Shanon v. Altman, Civil Court Of The City Of New York, New York County2024
- Bogom-Shanon v. Altman, Civil Court Of The City Of New York, New York County2024
- Borisovski v. LamarreAppellate Terms of the Supreme Court of New York · 2020
2 more not listed; retrieve them via the Exa API.