Legal Opinion

F.W.J. Realty Corp. v. County of Suffolk

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 2010PublishedCited by 3 opinions

1Opinion of the Court

In an action for specific performance and to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Weber, J.), dated October 9, 2008, which denied their motion pursuant to CPLR 3211 (a) (1), (5) and (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with…

2Cases cited5 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Breytman v. Olinville Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  3. Garrison v. City of New YorkSupreme Court of the United States · 1875
  4. Clearmont Property, LLC v. EisnerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Ro Jo Lo Partners v. StateAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Baron v. GalassoAppellate Division of the Supreme Court of the State of New York · 2011
  2. Town of Oyster Bay v. DoremusAppellate Division of the Supreme Court of the State of New York · 2012
  3. Cacchillo v. Insmed Inc.District Court, N.D. New York · 2011

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