Bd. of Educ. of City Sch. Dist. v. Cnty. of Westchester, 282 A.D.2d 561 (N.Y. App. Div. 2001). · Go Syfert
Bd. of Educ. of City Sch. Dist. v. Cnty. of Westchester, 282 A.D.2d 561 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 3 distinct courts.
Strongest positive: Wilson v. Phoenix House (nysupct, 2013-12-10)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Wilson v. Phoenix House
N.Y. Sup. Ct. · 2013 · confidence medium
Co., LLC, 14 AD3d 479, 480 [2d Dept 2005]; Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001].) The role of the court is to “determine only whether the facts as alleged fit within any cognizable legal theory” (Dee v Rakower, 112 AD3d 204 , 208 [2d Dept 2013], citing Leon v Martinez, 84 NY2d 83, 87-88 [1994]).
discussed Cited as authority (rule) Douglas v. Dashevsky
N.Y. App. Div. · 2009 · confidence medium
Further, “in reviewing a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint for failure to state a cause of action, the facts as alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every possible favorable inference, and the court’s function is to determine only whether the facts as alleged fit within any cognizable legal theory” (Kupersmith v Winged Foot Golf Club, Inc., 38 AD3d 847, 848 [2007]; see Leon v Martinez, 84 NY2d at 87-88 ; Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2…
discussed Cited as authority (rule) DeBlasio v. City of New York
N.Y. Sup. Ct. · 2009 · confidence medium
Respondents assert that class certification is not a superior method for adjudicating the issues here because this proceeding involves “government operations,” i.e., respondents’ operation of the pension system. “ ‘It is well settled that a class action is not considered the superior method for the fair and efficient adjudication of a controversy against a governmental body.’ ” (Matter of Jones v Board of Educ. of Watertown City School Dist., 30 AD3d 967 , 970 [4th Dept 2006], quoting Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 56…
discussed Cited as authority (rule) MacDonell v. PHH Mortgage Corp.
N.Y. App. Div. · 2007 · confidence medium
If the plaintiff can succeed upon any reasonable view of the allegations, the complaint may not be dismissed (see Marchionni v Drexler, 22 AD3d at 814 ; Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Kupersmith v. Winged Foot Golf Club, Inc.
N.Y. App. Div. · 2007 · confidence medium
In reviewing a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint for failure to state a cause of action, the facts as alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every possible favorable inference, and the court’s function is to determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) City Line Rent a Car, Inc. v. Alfess Realty, LLC
N.Y. App. Div. · 2006 · confidence medium
“Under CPLR 3211 (a) (1), a dismissal is warranted only if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]). “[0]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the [pleading] and according the [nonmoving party] the benefits of all favorable inferences which may be drawn therefrom, the [proponent of the pleading] can succeed upon any reasonable view of the facts stated” (Board of Educ. of City School D…
discussed Cited as authority (rule) Jones v. Board of Education of Watertown City School District
N.Y. App. Div. · 2006 · confidence medium
“It is well settled that a class action is not considered the superior method for the fair and efficient adjudication of a controversy against a governmental body” (Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562-563 [2001], lv dismissed 97 NY2d 677 [2001]; see generally CPLR 901 [a] [5]).
discussed Cited as authority (rule) Delaney v. City of Mount Vernon
N.Y. App. Div. · 2006 · confidence medium
Furthermore, accepting the facts as alleged in the complaint as true, and according the plaintiffs the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Rochdale Vil. v Zimmerman, 2 AD3d 827 [2003]; Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]), the complaint “adequately alleged for pleading survival purposes” causes of action alleging negligence, gross negligence, and fraud (Leon v Martinez, supra at 88 ).
discussed Cited as authority (rule) Swift v. New York Medical College
N.Y. App. Div. · 2006 · confidence medium
If the plaintiff can succeed upon any reasonable view of the facts alleged, the cause of action may not be dismissed (see Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Hayes v. Wilson
N.Y. App. Div. · 2006 · confidence medium
If the plaintiff can succeed upon any reasonable view of the allegations, the cause of action may not be dismissed (see Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Marchionni v. Drexler
N.Y. App. Div. · 2005 · confidence medium
If the plaintiff can succeed upon any reasonable view of the allegations, the complaint may not be dismissed (see Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Fast Track Funding Corp. v. Perrone
N.Y. App. Div. · 2005 · confidence medium
“Under CPLR 3211 (a) (1), a dismissal is warranted only if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]). “[O]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the complaint and according the plaintiff the benefits of all favorable inferences which may be drawn therefrom, the plaintiff can succeed upon any reasonable view of the facts stated” (Rochdale Vil. v Zimmerman, 2 AD3d 827 [2003], quoting Boar…
discussed Cited as authority (rule) Montes Corp. v. Charles Freihofer Baking Co.
N.Y. App. Div. · 2005 · confidence medium
The allegations in the complaint, and in any supporting affidavit, must be taken as true (see Gingold v Beekman, 183 AD2d 870 [1992]), and if the plaintiff can succeed upon any reasonable view of the allegations, the complaint may not be dismissed (see Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Dunleavy v. Hilton Hall Apartments Co.
N.Y. App. Div. · 2005 · confidence medium
If the plaintiff can succeed upon any reasonable view of the allegations, the complaint may not be dismissed (see Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Marino v. Pergolizzi
N.Y. App. Div. · 2004 · confidence medium
When read in conjunction with the evidentiary material submitted by the defendant and considered by the Supreme Court on the cross motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint alleged material facts giving rise to a cog nizable cause of action alleging legal malpractice (see Schneider v Hand, 296 AD2d 454 [2002]; see also Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]; Thoubboron v Convery, 306 AD2d 521 [2003]; Matter of Garinger, 305 AD2d 677 [2003]; Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Rochdale Village, Inc. v. Zimmerman
N.Y. App. Div. · 2003 · confidence medium
Ordered that the order is affirmed, with costs. “[O]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the complaint and according the plaintiff the benefits of all favorable inferences which may be drawn therefrom, the plaintiff can succeed upon any reasonable view of the facts stated” (Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Thoubboron v. Convery
N.Y. App. Div. · 2003 · confidence medium
In the press release, the defendant asserted, inter alia, that the plaintiff used an aircraft owned by the sheriffs department to take personal trips at the taxpayers’ expense. “[0]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the complaint and according the plaintiff the benefits of all favorable inferences which may be drawn therefrom, the plaintiff can succeed upon any reasonable view of the facts stated” (Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, 282 AD2d 561…
Retrieving the full opinion text from the archive…
Board of Education of City School District of City of New Rochelle
v.
County of Westchester
Appellate Division of the Supreme Court of the State of New York.
Apr 16, 2001.
282 A.D.2d 561
Cited by 24 opinions  |  Published

—In an action, inter alia, for tuition reimbursement pursuant to Education Law § 3202 (4), the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered January 19, 2000, as granted that branch of the motion of the defendant County of Westchester which was to dismiss the first cause of action in the amended complaint insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the first cause of action for tuition reimbursement in its entirety and substituting therefore a provision granting that branch of the motion to the extent of dismissing that cause of action insofar as it seeks reimbursement for tuition payments made before June 29, 1996; as so modified, the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings.

In 1993 the Department of Social Services of the defendant County of Westchester (hereinafter the County) entered into a contract with St. Christopher’s — Jennie Clarkson Child Care Services (hereinafter St. Christopher’s) to operate a facility for the temporary care of up to 24 children who are placed in detention pending judicial proceedings under Family Court Act articles 3 or 7. Pursuant to the contract, St. Christopher’s would arrange for educational services for the children and then receive reimbursement from the school districts in which individual children resided before entering the facility. Accordingly, Greenburgh — North Castle Union Free School District (hereinafter Greenburgh — North Castle), a school district coterminous with St. Christopher’s, provided educational services for the facility and subsequently billed the City School District of City of New Rochelle for the costs of the educational services for students who had resided in New Rochelle prior to their entry into the facility.

[*562] On June 28, 1999, the plaintiff commenced this action against the County and others, seeking, inter alia, tuition reimbursement for the amounts it paid to Greenburgh — North Castle for educational services provided to children at the facility who previously resided in New Rochelle. The plaintiff also sought establishment of a common fund to reimburse other similarly-situated school districts. The County moved to dismiss the complaint on the ground that the plaintiff failed to state a cause of action pursuant to CPLR 3211 (a) (7), arguing, among other things, that (1) the facility was a “family home at board” pursuant to Education Law § 3202 (4) (a), and as such, the plaintiff was responsible for the tuition costs in question, (2) the action was time-barred by the Statute of Limitations, and (3) the plaintiff did not have standing to seek creation of a common fund to reimburse other school districts as the plaintiff had not established that class action certification was appropriate.

The Supreme Court granted the County’s motion to dismiss the complaint insofar as asserted against it, concluding that the facility in question is a nonsecure detention facility, and that nonsecure detention facilities are family homes at board-pursuant to Education Law § 3202 (4) (a).

It is well settled that on a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the complaint and according the plaintiff the benefits of all favorable inferences which may be drawn therefrom, the plaintiff can succeed upon any reasonable view of the facts stated (see, Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318). Contrary to the Supreme Court’s determination, in examining the factual allegations in a light most favorable to the plaintiff, we cannot conclude, as a matter of law, that the facility in question is a family home at board pursuant to Education Law § 3202 (4) (a). Accordingly, the first cause of action is proper. However, an action for tuition reimbursement pursuant to Education Law § 3202 (4) (a), is subject to the three-year limitation period of CPLR 214 (2) (see, Connetquot Cent. School Dist. v Greenport Union Free School Dist., 100 AD2d 923). Therefore, the first cause of action of the amended complaint is dismissed to the extent that it seeks recovery of tuition costs for periods before June 29, 1996.

To the extent that the complaint seeks the creation of a common fund to reimburse other similarly-situated school districts, the plaintiff, in effect, seeks class action certification. It is well settled that a class action is not considered the superior method[*563] for the fair and efficient adjudication of a controversy against a governmental body (see, LaCarruba v Legislature of County of Suffolk, 225 AD2d 671). Accordingly, the Supreme Court properly denied class action certification (see, CPLR 901 [a]; Wegman v Dairylea Coop., 50 AD2d 108; see also, LaCarruba v Legislature of County of Suffolk, supra). Altman, J. P., Florio, Schmidt and Smith, JJ., concur.