Kliebert v. McKoan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Although on a motion addressed to the sufficiency of a complaint, the facts pleaded are presumed to be true and accorded every favorable inference, nevertheless, allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicted by documentary evidence, are not entitled to such consideration (Mark Hampton, Inc. v Bergreen, 173 AD2d 220, lv denied 80 NY2d 788). Applying the foregoing, we find that the IAS Court properly dismissed, pursuant to CPLR 3211 (a) (1) and (7), the causes of action of the amended complaint seeking to recover…
2Cases cited6 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Colon v. City of New YorkNew York Court of Appeals · 1983
- MacFawn v. KreslerNew York Court of Appeals · 1996
- Ward v. SilverbergNew York Court of Appeals · 1995
- Monaco v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Basis Yield Alpha Fund v. Goldman Sachs Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Biondi v. Beekman Hill House Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Ark Bryant Park Corp. v. Bryant Park Restoration Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Morgenthow & Latham v. Bank of New York Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Klinge v. Ithaca CollegeAppellate Division of the Supreme Court of the State of New York · 1997
28 more not listed; retrieve them via the Exa API.