Legal Opinion
Simkin v. Blank
Appellate Division of the Supreme Court of the State of New York
Decided January 4, 2011PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Saralee Evans, J.), entered January 5, 2010, which granted defendant’s motion to dismiss pursuant to CPLR 3211, reversed, on the law, without costs, the motion denied and the complaint reinstated.
Initially, we note that on a CPLR 3211 motion to dismiss, “the court must afford the pleadings a liberal construction, take the allegations of the complaint as true and provide plaintiff the benefit of every possible inference” (EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]).
Plaintiff is a partner at a large New York law firm and defendant is the…
2Cases cited13 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Simonds v. SimondsNew York Court of Appeals · 1978
- Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
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3Cited by2 opinions
- Simkin v. BlankNew York Court of Appeals · 2012
- Highmount Olympic Fund, LLC v. PIPE Equity Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2012