German v. Bruins Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In four related actions, inter alia, to recover damages for personal injuries, the defendant SGS Travelscope, Inc., appeals from so much of an order of the Supreme Court, Kings County (Huttner, J.), entered May 26, 1999, as denied its motions to dismiss the complaints in all of the actions, insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
“Affidavits received on a motion to dismiss for failure to state a cause of action which has not been converted to a motion for summary judgment are not to be examined for the purpose of determining…
2Cases cited12 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Rich v. LefkovitsNew York Court of Appeals · 1982
- Hornstein v. WolfNew York Court of Appeals · 1986
- Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
- Hornstein v. WolfAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by1 opinion
- Thomas v. Pleasantville Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010