Shisgal v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*846Order, Supreme Court, New York County (Louis B. York, J.), entered December 17, 2004, which, to the extent appealed from as limited by plaintiffs’ brief, dismissed, pursuant to CPLR 3211 (a) (7), the first, second and fourth causes of action asserted in the amended and consolidated complaint, unanimously modified, on the law, the first, second and fourth causes of action reinstated to the extent indicated, and otherwise affirmed, with costs.
The motion court erred in dismissing the claims at issue in their entirety for failure to state a cause of action. When properly reviewed, i.e., the…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
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- SNS Bank v. CitibankAppellate Division of the Supreme Court of the State of New York · 2004
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