Legal Opinion
Sheridan v. Town of Orangetown
Appellate Division of the Supreme Court of the State of New York
Decided August 1, 2005PublishedCited by 16 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (O’Rourke, J.), dated April 9, 2004, as, in effect, granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence that forms the basis of the defense must be such that it resolves all factual issues as a matter of law,…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Roth v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1998
- Manfro v. McGivneyAppellate Division of the Supreme Court of the State of New York · 2004
- O'Connor v. Police Commission of ClarkstownAppellate Division of the Supreme Court of the State of New York · 2003
- Formica v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by16 opinions
- Symbol Technologies, Inc. v. Deloitte & Touche, LLPAppellate Division of the Supreme Court of the State of New York · 2009
- Trataros Construction, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Palero Food Corp. v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2020
- Dorme v. SlingerlandAppellate Division of the Supreme Court of the State of New York · 2007
- Porcelli v. Key Food Stores Co-Operative, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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