McClain v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Rothenberg, J.), dated August 4, 2008, as granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint, the facts alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every favorable inference, and the…
2Cases cited4 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Bleiberg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Leacock v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Matter of Ramirez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Cohen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Miner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Begley v. City of New YorkNew York Supreme Court · 2010
- Falzone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
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