Legal Opinion
JFK Holding Co., LLC v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009PublishedCited by 8 opinions
1Opinion of the Court
Although, on a motion to dismiss pursuant to CPLR 3211, the court must “accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (Leon v Martinez, 84 NY2d 83, 87-88 [1994]), “[i]t is well settled that bare legal conclusions and factual claims, which are either inherently incredible or flatly contradicted by documentary evidence . . . are not presumed to be true on a motion to dismiss for legal insufficiency . . . and that when the moving…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
- Granada Buildings, Inc. v. City of KingstonNew York Court of Appeals · 1982
- O'Donnell, Fox & Gartner, P. C. v. R-2000 Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Infrastructure Management Systems v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by8 opinions
- Michael R. Gianatasio, PE, P.C. v. City of New YorkNew York Supreme Court · 2016
- Phoenix Life Ins. Co. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2020
- RTW Retailwinds, Inc. v. Colucci & UmansAppellate Division of the Supreme Court of the State of New York · 2023
- RTW Retailwinds, Inc. v. Colucci & UmansAppellate Division of the Supreme Court of the State of New York · 2023
- Wells Fargo Bank, National Ass'n v. GSRE II, Ltd.Appellate Division of the Supreme Court of the State of New York · 2012
3 more not listed; retrieve them via the Exa API.