Legal Opinion
Casamassima v. Casamassima
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2006PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to EPTL 7-2.6 (a) (2) to remove the respondent Matthew Casamassima as cotrustee of an irrevocable trust, the petitioner appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), entered January 26, 2005, which granted that branch of the motion of the respondent Matthew Casamassima which was to dismiss the proceeding pursuant to CPLR 3211 (a) (1).
Ordered that the order is affirmed, with costs.
On a motion to dismiss pursuant to CPLR 3211, the pleading is to be afforded a liberal construction (see CPLR 3026). We accept the facts as alleged in the…
2Cases cited4 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Morone v. MoroneNew York Court of Appeals · 1980
3Cited by5 opinions
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Epifani v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009
- DePasquale v. DePasqualeAppellate Division of the Supreme Court of the State of New York · 2007
- Sargent v. New York Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Estate of LippoldAppellate Division of the Supreme Court of the State of New York · 2007