Legal Opinion
Aspro Mechanical Contracting, Inc. v. New York City Housing Authority
New York Supreme Court
Decided July 14, 1997Published
1Opinion of the Court
OPINION OF THE COURT
Gerald S. Held, J.
*245In this action petitioners allege that respondents have improperly diverted trust funds. Respondents Fleet Bank and Fleet Bank, N. A. move for an order, pursuant to CPLR 3211 (a) (7), dismissing the complaint on the ground that the complaint fails to state a cause of action and awarding respondents costs on this motion. Petitioners cross-move for an order, pursuant to CPLR 3025, granting leave to amend the petition.
In support of the motion to dismiss, an affidavit is submitted by Peter Anzivino in which he states that he is a banking officer of Fleet…
2Cases cited8 opinions
- Canron Corp. v. City of New YorkNew York Court of Appeals · 1996
- Sabol & Rice, Inc. v. Poughkeepsie Galleria Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Nissenbaum v. FerazzoliAppellate Division of the Supreme Court of the State of New York · 1991
- Caledonia Lumber & Coal Co. v. Chili Heights ApartmentsAppellate Division of the Supreme Court of the State of New York · 1979
- National Surety Corp. v. Fishkill National BankNew York Supreme Court · 1969
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