Legal Opinion
Collision Plan Unlimited, Inc. v. Bankers Trust Co.
New York Court of Appeals
Decided October 11, 1984PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified to reinstate the complaint except as to the sixth, seventh and eighth causes of actions which have been dismissed, and, as so modified, affirmed, with costs. Where factual allegations are discerned which, taken together, manifest a cause of action cognizable at law, a motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 1, 7) should be denied. (Guggenheimer v Ginzburg, 43 NY2d 268, 275; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, C3211:24.) We agree with the Appellate…
2Cases cited6 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Ford v. Unity HospitalNew York Court of Appeals · 1973
- General Overseas Films, Ltd. v. Robin International, Inc.District Court, S.D. New York · 1982
- Ferrucci v. StateAppellate Division of the Supreme Court of the State of New York · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Chaney v. Dreyfus Service Corp.Court of Appeals for the Fifth Circuit · 2010
- Herbert Construction Company, Cross-Appellant v. Continental Insurance Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1991
- BBS Norwalk One, Inc. v. Raccolta, Inc.District Court, S.D. New York · 1999
- Parlato v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- 39 College Point Corp. v. Transpac Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2006
41 more not listed; retrieve them via the Exa API.