Legal Opinion
Nevin v. Laclede Professional Products, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 26, 2000PublishedCited by 19 opinions
1Opinion of the Court
In an action, inter alia, to enforce an option to purchase stock pursuant to a letter of agreement, the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), entered July 29, 1999, which denied its motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
“Under CPLR 3211 a trial court may use affidavits in its consideration of a pleading motion to dismiss” (Rovello v Orofino Realty Co., 40 NY2d 633, 635). With respect to the branch of the defendant’s motion to dismiss pursuant to CPLR 3211 (a) (1) the…
2Cases cited3 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Brunot v. Joe Eisenberger & Co.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by19 opinions
- Epifani v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009
- Elow v. SvenningsenAppellate Division of the Supreme Court of the State of New York · 2009
- Selinger Enterprises, Inc. v. CassutoAppellate Division of the Supreme Court of the State of New York · 2008
- Mazur Bros. Realty v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Uzzle v. Nunzie Court Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
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