Legal Opinion
24 Franklin Ave. R.E. Corp. v. Cannella
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 2016No. 2014-09314PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages pursuant to 42 USC § 1983, the defendants appeal from an order of the Supreme Court, Westchester County (Colabella, J.), dated August 13, 2014, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint is granted.
Contrary to the plaintiffs’ contention, the defendants’ motion was not procedurally improper, as a defendant may properly move to dismiss a complaint pursuant to CPLR 3211 (a)…
2Cases cited11 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Bogan v. Scott-HarrisSupreme Court of the United States · 1998
- Walczyk v. RioCourt of Appeals for the Second Circuit · 2007
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3Cited by3 opinions
- Matter of Haberman v. Zoning Bd. of Appeals of the City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2017
- Friedman v. New York Life Insurance & Annuity Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- NHD Nigani, LLC v. Angelina Zabel Props., Inc.Appellate Division of the Supreme Court of the State of New York · 2018