Legal Opinion

Futterman v. New York State Nurses Ass'n

New York Supreme Court

Decided May 1, 1984PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Thomas F. McGowan, J.

Defendant New York State Nurses Association (NYSNA) moves to dismiss this declaratory judgment action pursuant to CPLR 3211. The only significant ground of the several advanced in support of the motion is that the complaint fails to state a cause of action. Defendant has submitted a 21-paragraph affidavit together with numerous exhibits. Plaintiff, in addition to his verified complaint, has submitted an affidavit in opposition to the motion. “When evidentiary material is considered [on a CPLR 3211 (subd [a]) motion], the criterion is whether the…

2Cases cited12 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. West Irondequoit Teachers Ass'n v. HelsbyNew York Court of Appeals · 1974
  3. Berlyn v. Board of Education of the East Meadow Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1981
  4. Sawyers v. Grand Lodge, International Ass'n of MacHinistsDistrict Court, E.D. Missouri · 1967
  5. Jackson v. Regional Transit ServiceAppellate Division of the Supreme Court of the State of New York · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Local 1199, Drug, Hospital & Health Care Employees Union v. Retail, Wholesale & Department Store UnionDistrict Court, S.D. New York · 1987
  2. Berich v. Ithaca Police Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2005
  3. International Ass'n of Fire Fighters v. MoonMissouri Court of Appeals · 2012
  4. Local 1199 v. RETAIL, WHOLESALE & DEPT. STORE U.District Court, S.D. New York · 1987

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