Legal Opinion
Lewis v. Drake
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2002PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered August 30, 2001, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.
Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the Supreme Court must determine whether, accepting as true the factual averments in the…
2Cases cited9 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 1995
- People v. New York City Transit AuthorityNew York Court of Appeals · 1983
- Blumenreich v. North Shore Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Delaney v. First Concourse Management Co.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- Anzora v. 81 Saxon Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Rashid v. Clinton Hill Apartments Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2010