Legal Opinion
DiBuono v. Abbey, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2010PublishedCited by 3 opinions
1Opinion of the Court
The plaintiffs commenced this action to recover damages for injuries to their land which allegedly were caused by the leaking of petroleum from gasoline storage tanks located at three nearby *671service stations. One of those service stations allegedly was owned and operated by the appellant.
In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court should “accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory”…
2Cases cited14 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Ravo v. RogatnickNew York Court of Appeals · 1987
- Slater v. . MersereauNew York Court of Appeals · 1876
- Zimmerman v. CarmackAppellate Division of the Supreme Court of the State of New York · 2002
- Hawkes v. GollNew York Court of Appeals · 1939
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Emerson Enterprises, LLC v. Kenneth Crosby New York, LLCDistrict Court, W.D. New York · 2011
- Choudhary v. First Option Title AgencyAppellate Division of the Supreme Court of the State of New York · 2013
- Choudhary v. First Option Title AgencyAppellate Division of the Supreme Court of the State of New York · 2013