Brady v. Gaudelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for defamation, the plaintiffs appeal from an order of the Supreme Court, Queens County (Pineda-Rirwan, J.), dated October 24, 2014, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
In determining a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, a court must accept the facts alleged in the complaint as true and accord the plaintiff the benefit of every possible favorable inference, and determine only whether…
2Cases cited15 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Liberman v. GelsteinNew York Court of Appeals · 1992
- Park Knoll Associates v. SchmidtNew York Court of Appeals · 1983
- East Hampton Union Free School District v. Sandpebble Builders, Inc.New York Court of Appeals · 2011
- Martirano v. FrostNew York Court of Appeals · 1969
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3Cited by7 opinions
- Rodriguez v. Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2016
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- Gill v. DoughertyAppellate Division of the Supreme Court of the State of New York · 2020
- Gottlieb v. ColonelAppellate Division of the Supreme Court of the State of New York · 2020
- Doscher v. MeyerAppellate Division of the Supreme Court of the State of New York · 2019
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