Chase v. Town of Camillus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the first cause of action for false arrest and imprisonment. It is well established that, where, as here, a motion to dismiss for failure to state a cause of action is addressed to the entire complaint, the motion must be denied in its entirety if even one cause of action is legally sufficient (see, Advance Music Corp. v American Tobacco Co., 296 NY 79, 84; Great N. Assocs. v Continental Cas. Co., 192 AD2d 976, 978; Duffy v Cross Country…
2Cases cited7 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Ross v. Village of Wappingers FallsAppellate Division of the Supreme Court of the State of New York · 1978
- Great Northern Associates, Inc. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1993
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3Cited by7 opinions
- Lee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Lyman v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
- Ali v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- DANN, CHRISTOPHER v. AUBURN POLICE DEPARTMENTAppellate Division of the Supreme Court of the State of New York · 2016
- Dann v. Auburn Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2016
2 more not listed; retrieve them via the Exa API.