Legal Opinion
Regina v. Marotta
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2009PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated June 2, 2008, as granted that branch of the motion of the defendant Anthony Marotta, Jr., which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him.
Ordered that the order is affirmed insofar as appealed from, with costs.
On a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), the court must accept the facts as alleged in the complaint as true, accord the…
2Cases cited6 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Ozelkan v. Tyree Bros. Environmental Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Giurdanella v. GiurdanellaAppellate Division of the Supreme Court of the State of New York · 1996
- Ideal Steel Supply Corp. v. AnzaAppellate Division of the Supreme Court of the State of New York · 2009
- Spector v. WendyAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by5 opinions
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- Mizuno v. NunbergAppellate Division of the Supreme Court of the State of New York · 2014
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