Martin v. New York Hospital Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to enjoin the defendant from interfering with the plaintiffs continued use of an easement, the defendant appeals from an order of the Supreme Court, Queens County (Nelson, J.), dated January 26, 2006, which denied its motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court correctly denied that branch of the defendant’s motion which was to dismiss the complaint on the ground that a defense is founded upon documentary evidence (see CPLR 3211 [a] [1]). “ ‘To succeed on a motion to dismiss…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
- Lupski v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2006
- Simmons v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by19 opinions
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- Palmieri v. BiggianiAppellate Division of the Supreme Court of the State of New York · 2013
- Farber v. BreslinAppellate Division of the Supreme Court of the State of New York · 2008
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