Equis Corp. v. Mack-Cali Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about July 15, 2003, which denied defendants’ motions to dismiss the complaint, unanimously reversed, on the law, without costs, the motions granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
In its complaint and an affidavit of its senior vice-president David Itzkowitz, plaintiff Equis alleges the following facts, the truth of which we must assume on this motion to dismiss pursuant to CPLR 3211 (a) (7) (see e.g. McGill v Parker, 179 AD2d 98, 105 [1992]). Plaintiff, a real estate…
2Cases cited8 opinions
- Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
- Zurich Insurance v. Shearson Lehman Hutton, Inc.New York Court of Appeals · 1994
- McGill v. ParkerAppellate Division of the Supreme Court of the State of New York · 1992
- Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
- Madison Realty, Inc. v. NeissAppellate Division of the Supreme Court of the State of New York · 1998
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- Excel Realty Advisors, L.P. v. SCP Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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