Legal Opinion
Fourth Branch Associates Mechanicville v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 2003PublishedCited by 3 opinions
1Opinion of the CourtCarpinello, J.
Cross appeals from an order of the Supreme Court (Sheridan, J.), entered July 9, 2002 in Albany County, which, inter alia, partially granted defendant’s motion for summary judgment.
This case was last before this Court on an appeal from a 1995 order of Supreme Court (Harris, J.), which had granted defendant’s CPLR 3211 motion to dismiss the complaint in its entirety (235 AD2d 962). After searching the four corners of the complaint for any legally cognizable claim, we determined that two of the many pleaded causes of action should have survived such a preliminary motion. Accordingly, we…
2Cases cited8 opinions
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
- Goodstein Construction Corp. v. City of New YorkNew York Court of Appeals · 1992
- Goodstein Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Fourth Branch Associates Mechanicville v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Goodstein Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by3 opinions
- Interdigital Communications Corp. v. Nokia Corp.District Court, S.D. New York · 2005
- Americredit Financial Services, Inc. v. Oxford Management ServicesDistrict Court, E.D. New York · 2008
- State v. Robin Operating Corp.Appellate Division of the Supreme Court of the State of New York · 2005