Legal Opinion
Quatrochi v. Citibank, N. A.
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 1994PublishedCited by 14 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Joan Lobis, J.), entered February 4, 1993, which, insofar as appealed from, granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.
Although on a motion addressed to the sufficiency of a complaint pursuant to CPLR 3211 (a) (7), the facts pleaded are presumed to be true and accorded every favorable inference, nevertheless, allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or contradicted by documentary evidence, are not entitled, to such consideration (Mark Hampton, Inc.…
2Cases cited5 opinions
- General Motors Acceptance Corp. v. KalksteinAppellate Division of the Supreme Court of the State of New York · 1984
- Mark Hampton, Inc. v. BergreenAppellate Division of the Supreme Court of the State of New York · 1991
- American Media Concepts, Inc. v. Atkins Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- La Potin v. Julius Lang Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Miglietta v. Kennecott Copper Corp.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by14 opinions
- Spira v. NickDistrict Court, S.D. New York · 1995
- Behrens v. Metropolitan Opera Ass'nAppellate Division of the Supreme Court of the State of New York · 2005
- Faggionato v. LernerDistrict Court, S.D. New York · 2007
- CIBC Bank & Trust Co. v. Credit LyonnaisAppellate Division of the Supreme Court of the State of New York · 2000
- Schaeffer v. LiptonAppellate Division of the Supreme Court of the State of New York · 1997
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