Legal Opinion

EECP Centers of America, Inc. v. Vasomedical, Inc.

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

Decided October 12, 1999PublishedCited by 9 opinions

1Opinion of the Court

—In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Levitt, J.), entered July 6, 1998, as denied those branches of its motion which were to dismiss the first and second counterclaims.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiffs motion which were to dismiss the first and second counterclaims are granted, and those counterclaims are dismissed.

It is well settled that on a motion to dismiss a pleading for…

2Cases cited3 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  3. Curiano v. SuozziNew York Court of Appeals · 1984

3Cited by9 opinions

  1. R.I. Island House, LLC v. North Town Phase II Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Simaee v. LeviAppellate Division of the Supreme Court of the State of New York · 2005
  3. Ford v. FinkAppellate Division of the Supreme Court of the State of New York · 2011
  4. Levy v. CoatesAppellate Division of the Supreme Court of the State of New York · 2001
  5. Fred Tuck & Co. v. Bronxville Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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