Legal Opinion
1414 Realty Corp. v. G & G Realty Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 2000PublishedCited by 3 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated May 3, 1999, which granted the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
It is well settled that a court is required to assume the truth of a plaintiff’s allegations when considering a motion to dismiss pursuant to CPLR 3211 (a) (7) (see, Edmond v International Bus. Machs. Corp.,…
2Cases cited4 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Juliano v. McEnteeAppellate Division of the Supreme Court of the State of New York · 1989
- Edmond v. International Business MacHines Corp.New York Court of Appeals · 1998
- Sutton v. AurnouAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- Quinones v. SchaapAppellate Division of the Supreme Court of the State of New York · 2012
- Sangermano v. Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2002
- Ideal Steel Supply Corp. v. BeilAppellate Division of the Supreme Court of the State of New York · 2008