Diel v. Rosenfeld
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Fagones, J), dated July 16, 2003, which granted the defendant’s motion pursuant to CFLR 3126 (3) to dismiss the complaint.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings consistent herewith.
The defendant was not entitled to the dismissal of the complaint under CPLR 3126 (3) without…
2Cases cited9 opinions
- Ezrasons, Inc. v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Dennis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Kingsley v. KantorAppellate Division of the Supreme Court of the State of New York · 1999
- Barnes v. NYNEX, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Patterson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Quiroz v. BeitiaAppellate Division of the Supreme Court of the State of New York · 2009
- Blauman-Spindler v. BlaumanAppellate Division of the Supreme Court of the State of New York · 2009
- Workman v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2010
- Melvin v. 24 Aqueduct Lane CondominiumAppellate Division of the Supreme Court of the State of New York · 2008
- Cestaro v. Mun Yuen Roger ChinAppellate Division of the Supreme Court of the State of New York · 2005
6 more not listed; retrieve them via the Exa API.