Nevin v. Laclede Prof'l Prods., Inc., 273 A.D.2d 453 (N.Y. App. Div. 2d Dep't 2000). · Go Syfert
Nevin v. Laclede Prof'l Prods., Inc., 273 A.D.2d 453 (N.Y. App. Div. 2d Dep't 2000). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Cited for
At page 453 Burden of documentary evidence for motion to dismiss8 citing cases“resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claim”3 citing courts quote it · 7 listed here
  • Botach Mgmt. Grp. v. Gurash, 138 A.D.3d 771 (N.Y. App. Div. 2d Dep't 2016).published
    "A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
  • AGCS Marine Ins. v. Scottsdale Ins., 102 A.D.3d 899 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    To successfully move to dismiss a complaint pursuant to CPLR 3211 (a) (I), the movant must present documentary evidence that “resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claim” (Nevin v Lacle…
  • Datena v. JP Morgan Chase Bank, 73 A.D.3d 683 (N.Y. App. Div. 2d Dep't 2010).published
    A complaint may be dismissed if “documentary evidence . . . ‘resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff’s claim’ ” (Sullivan v State of New York, 34 AD3d 443, 445 [2006], quoting Nevin v Lacl…
  • Archer v. Skokan, 70 A.D.3d 877 (N.Y. App. Div. 2d Dep't 2010).published
    “A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
  • Uzzle v. Nunzie Court Homeowners Ass'n, 70 A.D.3d 928 (N.Y. App. Div. 2d Dep't 2010).published
    “A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
  • Snyder v. Allstate Ins., 70 A.D.3d 670 (N.Y. App. Div. 2d Dep't 2010).published
    “A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
  • Sullivan v. State, 34 A.D.3d 443 (N.Y. App. Div. 2d Dep't 2006).published
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Donald M. Nevin
v.
Laclede Professional Products, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jun 26, 2000.
Published opinion
273 A.D.2d 453
2000 N.Y. App. Div. LEXIS 7399
Cited by 20 opinions  |  Published

In an action, inter alia, to enforce an option to purchase stock pursuant to a letter of agreement, the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), entered July 29, 1999, which denied its motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

“Under CPLR 3211 a trial court may use affidavits in its consideration of a pleading motion to dismiss” (Rovello v Orofino Realty Co., 40 NY2d 633, 635). With respect to the branch of the defendant’s motion to dismiss pursuant to CPLR 3211 (a) (1) the defendant failed to meet its burden of showing that the documentary evidence submitted resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff’s claim (see, Leon v Martinez, 84 NY2d 83, 87-88; Brunot v Eisenberger & Co., 266 AD2d 421). Further, with respect to the branch, of the defendant’s motion to dismiss pursu[*454]ant to CPLR 3211 (a) (7), we find that the complaint states a cause of action. Ritter, J. P., Sullivan, Florio and Feuerstein, JJ., concur.