Legal Opinion

30th Place Holdings, LLC v. 474431 Associates

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

Decided September 9, 2008PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, 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, Queens County (Kelly, J.), dated April 19, 2007, as granted those branches of the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) which were to dismiss the first cause of action to recover for overpayment of rent and the second cause of action to recover security deposit interest.

Ordered that the order is affirmed insofar as appealed from, with costs.

A motion to dismiss a complaint pursuant to CPLR 3211 (a) (1) “may be…

2Cases cited4 opinions

  1. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  2. Selinger Enterprises, Inc. v. CassutoAppellate Division of the Supreme Court of the State of New York · 2008
  3. Sargent v. New York Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Ruby Falls, Inc. v. Ruby Falls Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by2 opinions

  1. Kilmer v. MillerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Kilmer v. MillerAppellate Division of the Supreme Court of the State of New York · 2012

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