Legal Opinion
Medical Arts Office Services, Inc. v. Erber
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 5 opinions
1Opinion of the Court
“On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (Breytman v Olinville Realty, LLC, 54 AD3d 703, 703-704 [2008]; see Leon v Martinez, 84 NY2d 83, 87-88 [1994]). A motion to dismiss pursuant to CPLR 3211 (a) (7) will fail if, “taking all facts alleged as true and according…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Breytman v. Olinville Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLPAppellate Division of the Supreme Court of the State of New York · 2006
- ABN AMRO Bank, N.V. v. MBIA Inc.New York Court of Appeals · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Padin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Baker v. Comprehensive Mental Assessment & Medical CareAppellate Division of the Supreme Court of the State of New York · 2013
- Baker v. Comprehensive Mental Assessment & Medical CareAppellate Division of the Supreme Court of the State of New York · 2013
- Board of Trustees v. Allure Metal Works, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Padin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013