Brathwaite v. Manhattan Children's Psychiatric Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment of the Supreme Court, New York County, entered July 17, 1978, granting the Attorney-General’s cross motion to dismiss the petition, unanimously reversed, on the law, without costs or disbursements, the cross motion to dismiss denied, the matter remanded for further proceedings and respondents are permitted to answer the petition within 20 days after service of a copy of our order with notice of entry. A pleading challenged on a motion to dismiss for failure to state a cause of action (CPLR 3211, subd [a], par 7) is to be "given the benefit of every possible favorable inference”…
2Cases cited10 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Bishop v. WoodSupreme Court of the United States · 1976
- Codd v. VelgerSupreme Court of the United States · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Kober v. KoberNew York Court of Appeals · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Preddice v. CallananNew York Court of Appeals · 1987
- Ranus v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
- Salvatore v. NasserAppellate Division of the Supreme Court of the State of New York · 1981
- T.R. America Chemicals, Inc. v. Seaboard Surety Co.New York Supreme Court · 1982
- Mitchell v. Town Board of New WindsorAppellate Division of the Supreme Court of the State of New York · 1983
2 more not listed; retrieve them via the Exa API.