Legal Opinion
Ruiz v. Bertolotti
New York Supreme Court
Decided December 28, 1962PublishedCited by 13 opinions
1Opinion of the CourtFrank A. Gulotta, J.
On this motion to dismiss the complaint for legal insufficiency, pursuant to subdivision 4 of rule 106 much of defendant’s argument is directed to the plausibility of the plaintiffs’ story, and whether the acts complained of ever occurred since the complaint is based only upon information and belief. We are not now, however, concerned with the question of proof since on a motion of this type the allegations must be deemed true.
In sum the complaint states that the plaintiffs, who are Puerto Bicans, contracted to purchase a house in a residential section of Massapequa from one Farber, a…
2Cases cited2 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Scheman v. SchleinNew York Supreme Court · 1962
3Cited by13 opinions
- Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970
- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
- Waldon v. CovingtonDistrict of Columbia Court of Appeals · 1980
- Long v. Beneficial Finance Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Dawson v. Zayre Department StoresSupreme Court of Pennsylvania · 1985
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