Peters v. Accurate Building Inspectors Division of Ubell Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract and negligence, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated December 21, 2004, which granted the defendant’s motion pursuant to CPLR 3211 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
It is well settled that a motion to dismiss a complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7) “must be denied if from the pleadings’ four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law” (511…
2Cases cited9 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Friedman v. AndersonAppellate Division of the Supreme Court of the State of New York · 2005
- Maldonado v. Olympia Mechanical Piping & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Greene v. Doral Conference Center AssociatesAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by8 opinions
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- Ponnambalam v. SivaprakasapillaiAppellate Division of the Supreme Court of the State of New York · 2006
- Gibbs v. MooreAppellate Division of the Supreme Court of the State of New York · 2007
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