Kreamer v. Town of Oxford
Appellate Division of the Supreme Court of the State of New York
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
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Solnick v. WhalenNew York Court of Appeals · 1980
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
- New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
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3Cited by12 opinions
- Kreamer v. Town of OxfordAppellate Division of the Supreme Court of the State of New York · 2012
- Loudon House LLC v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2014
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- BRISTOL HOMEOWNERS ENVIRONMENTAL PR v. TOWN OF SOUTH BRISTOLAppellate Division of the Supreme Court of the State of New York · 2014
- 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.