Legal Opinion
Himes v. County of Chautauqua
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991Published
1Opinion of the Court
— Order insofar as appealed from unanimously reversed on the law without costs and County of Chautauqua’s motion denied. Memorandum: Supreme Court should have denied defendant County of Chautauqua’s motion to dismiss. Plaintiff’s complaint must be liberally construed, with every allegation taken as true, to determine whether it pleads a legally cognizable claim (see, Guggenheimer v Ginzburg, 43 NY2d 268, 275; Burlew v American Mut. Ins. Co., 99 AD2d 11,15, affd 63 NY2d 412; Pietropaoli Trucking v Nationwide Mut. Ins. Co., 100 AD2d 680). The complaint states that defendant County of Chautauqua…
2Cases cited7 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Burlew v. American Mutual InsuranceNew York Court of Appeals · 1984
- Bartels v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1980
- Burlew v. American Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Roland Pietropaoli Trucking, Inc. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
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