Legal Opinion

Napolitano v. Town of Chili

New York Supreme Court

Decided May 22, 1965PublishedCited by 3 opinions

1Opinion of the CourtClarence H. Brisco, J.

The defendant, the Town of Chili, has made a motion for judgment dismissing the complaint pursuant to CPLR 3211 (subd. [a]) upon the ground that the complaint fails to state a cause of action and for other and further relief.

The defendant, the Town of Gates, has made a motion for an order granting judgment dismissing the complaint of the plaintiffs, upon the merits, upon the ground that the complaint herein does not state a cause of action and for other and further relief. This motion is made under CPLR 3211 (subd. [a], par. 7).

This action was commenced by service of a notice of claim upon…

2Cases cited12 opinions

  1. Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
  2. Amaya v. Home Ice, Fuel & Supply Co.California Supreme Court · 1963
  3. Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
  4. McCrink v. City of New YorkNew York Court of Appeals · 1947
  5. Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953

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3Cited by3 opinions

  1. Tobin v. GrossmanNew York Court of Appeals · 1969
  2. Di Michele v. FilacchioneCivil Court of the City of New York · 1969
  3. Tobin v. GrossmanAppellate Division of the Supreme Court of the State of New York · 1968

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