Legal Opinion
Akins v. Village of Potsdam
Appellate Division of the Supreme Court of the State of New York
Decided November 2, 1978PublishedCited by 2 opinions
1Opinion of the Court
Appeals from orders of the Supreme Court at Special Term, entered April 27, 1977 and January 31, 1978 in St. Lawrence County, which dismissed complaints in two separate actions. Although there is disagreement as to the facts, since we are reviewing decisions upon motions to dismiss complaints (CPLR 3211, subd [a], par 7), we will accord a liberal construction to the allegations in the complaints (Kober v Kober, 16 NY2d 191; Colton v New York Hosp., 53 AD2d 588). Our recitation of the facts will be derived primarily from the complaint in plaintiffs second action. It appears that the plaintiff,…
2Cases cited7 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Seif v. City of Long BeachNew York Court of Appeals · 1941
- Kober v. KoberNew York Court of Appeals · 1965
- Colton v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1976
- Barrow v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by2 opinions
- Ayvee Construction Co. v. Village of New PaltzAppellate Division of the Supreme Court of the State of New York · 1980
- Montauk-Caribbean Airways, Inc. v. HopeNew York Supreme Court · 1986