Legal Opinion
Long v. Allen AME Transportation Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 2007PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Academy Bus Tours of New York, Inc., appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated September 6, 2006, which denied its motion to dismiss the complaint, in effect, pursuant to CFLR 3211 (a) (1).
Ordered that the order is affirmed, with costs.
A motion to dismiss a complaint pursuant to CFLR 3211 (a) (1) “may be appropriately granted only where the documentary evidence utterly refutes plaintiffs factual allegations, conclusively establishing a defense as a matter of law” (Goshen v Mutual Life Ins.…
2Cases cited3 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Kalmon Dolgin Affiliates of Long Island, Inc. v. Robert Plan Corp.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by3 opinions
- Porcelli v. Key Food Stores Co-Operative, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Schwarz Supply Source v. Redi Bag USA, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- DelaCruz v. 236-1 Development Associates (Green), LPAppellate Division of the Supreme Court of the State of New York · 2008