Legal Opinion

Kreamer v. Town of Oxford

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 2012PublishedCited by 12 opinions

1Opinion of the CourtGarry, J.

*1158Initially, we reject plaintiffs’ contention that Supreme Court improperly applied the standard applicable to summary judgment motions to the motion to dismiss the complaint (see CPLR 3211 [a] [7]; 3212). Despite a brief reference to plaintiffs’ failure to submit affidavits, the requisite standard was clearly applied; the decision was rendered by “ ‘construing] the pleadings liberally, accepting] the allegations as true and affording] [plaintiffs] the benefit of every possible inference to determine whether the facts alleged fit within a cognizable legal theory’ ” (Clearmont Prop., LLC v…

2Cases cited21 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Solnick v. WhalenNew York Court of Appeals · 1980
  3. McLean v. City of New YorkNew York Court of Appeals · 2009
  4. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  5. New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994

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3Cited by12 opinions

  1. Kreamer v. Town of OxfordAppellate Division of the Supreme Court of the State of New York · 2012
  2. Loudon House LLC v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2014
  3. Town of Tupper Lake v. Sootbusters, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. BRISTOL HOMEOWNERS ENVIRONMENTAL PR v. TOWN OF SOUTH BRISTOLAppellate Division of the Supreme Court of the State of New York · 2014
  5. Bristol Homeowners Environmental Preservation Associates, LLC v. Town of South BristolAppellate Division of the Supreme Court of the State of New York · 2014

7 more not listed; retrieve them via the Exa API.

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