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5 New York opinions name it 2 courts 1930–2026 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lawrence v. Millergreen2 sentences2026Submissions by the defendant on a motion pursuant to CPLR 3211(a)(7) "will seldom if ever warrant [dismissal] unless [they] establish conclusively that plaintiff has no cause of action" ( Rovello v Orofino Realty Co. , 40 NY2d 633, 636 ; see Lawrence v Graubard Miller , 11 NY3d 588, 595 ). "[A]ffidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" ( Rovello v Orofino Realty Co. , 40 NY2d at 635 ), however, "a plaintiff is not required to offer evidentiary support for a properly pleaded claim" ( Bodden v Kean , 86 AD3d 524, 526 ). 2011Dismissal is warranted only if an affidavit of a party, whether the plaintiff or defendant, establishes “conclusively” that the plaintiff has no cause of action (Rovello v Orofino Realty Co., 40 NY2d 633, 636 [1976]; see Lawrence v Graubard Miller, 11 NY3d 588, 595 [2008]; Sokol v Leader, 74 AD3d at 1182 ). | 2 | 2 |
Rovello v. Orofino Realty Co.green2 sentences2026Submissions by the defendant on a motion pursuant to CPLR 3211(a)(7) "will seldom if ever warrant [dismissal] unless [they] establish conclusively that plaintiff has no cause of action" ( Rovello v Orofino Realty Co. , 40 NY2d 633, 636 ; see Lawrence v Graubard Miller , 11 NY3d 588, 595 ). "[A]ffidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" ( Rovello v Orofino Realty Co. , 40 NY2d at 635 ), however, "a plaintiff is not required to offer evidentiary support for a properly pleaded claim" ( Bodden v Kean , 86 AD3d 524, 526 ). 2026Submissions by the defendant on a motion pursuant to CPLR 3211(a)(7) "will seldom if ever warrant [dismissal] unless [they] establish conclusively that plaintiff has no cause of action" ( Rovello v Orofino Realty Co. , 40 NY2d 633, 636 ; see Lawrence v Graubard Miller , 11 NY3d 588, 595 ). "[A]ffidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" ( Rovello v Orofino Realty Co. , 40 NY2d at 635 ), however, "a plaintiff is not required to offer evidentiary support for a properly pleaded claim" ( Bodden v Kean , 86 AD3d 524, 526 ). | 2 | 2 |
Bodden v. Keangreen1 sentence2026Submissions by the defendant on a motion pursuant to CPLR 3211(a)(7) "will seldom if ever warrant [dismissal] unless [they] establish conclusively that plaintiff has no cause of action" ( Rovello v Orofino Realty Co. , 40 NY2d 633, 636 ; see Lawrence v Graubard Miller , 11 NY3d 588, 595 ). "[A]ffidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" ( Rovello v Orofino Realty Co. , 40 NY2d at 635 ), however, "a plaintiff is not required to offer evidentiary support for a properly pleaded claim" ( Bodden v Kean , 86 AD3d 524, 526 ). | 1 | 1 |
Nonnon v. City of New Yorkgreen1 sentence2011Generally, although a plaintiffs affidavit may be considered to remedy pleading defects, a plaintiff is not required to offer evidentiary support for a properly pleaded claim (see Nonnon v City of New York, 9 NY3d 825, 827 [2007]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Parsa v. State of New York
green
2 sentences1998Ctr. v State of New York ( 145 Misc 2d 706, 709 ) as follows: “In Parsa v State of New York ( 64 NY2d 143 ), the Court of Appeals held that the Court of Claims would have jurisdiction to hear a properly pleaded claim for reimbursement of Medicare moneys withheld by the State in alleged violation of a governing Federal statute.” Thus, this court has subject matter jurisdiction to adjudicate a claim against the State upon a money had and received theory where the claimant’s alleged right to the money derives from a Federal statute. 1989In Parsa v State of New York ( 64 NY2d 143 ), the Court of Appeals held that the Court of Claims would have jurisdiction to hear a properly pleaded claim for reimbursement of Medicare moneys withheld by the State in alleged violation of a governing Federal statute. | 2 | 1989–1998 |
Sokol v. Leader
green
1 sentence2011Dismissal is warranted only if an affidavit of a party, whether the plaintiff or defendant, establishes “conclusively” that the plaintiff has no cause of action (Rovello v Orofino Realty Co., 40 NY2d 633, 636 [1976]; see Lawrence v Graubard Miller, 11 NY3d 588, 595 [2008]; Sokol v Leader, 74 AD3d at 1182 ). | 1 | 2011–2011 |
Rye Psychiatric Hospital Center, Inc. v. State
neutral
1 sentence1998Ctr. v State of New York ( 145 Misc 2d 706, 709 ) as follows: “In Parsa v State of New York ( 64 NY2d 143 ), the Court of Appeals held that the Court of Claims would have jurisdiction to hear a properly pleaded claim for reimbursement of Medicare moneys withheld by the State in alleged violation of a governing Federal statute.” Thus, this court has subject matter jurisdiction to adjudicate a claim against the State upon a money had and received theory where the claimant’s alleged right to the money derives from a Federal statute. | 1 | 1998–1998 |
Dever v. . Hagerty
neutral
1 sentence1930The allega^ tions of the complaint place Davis Realty & Construction Co., Inc., in the same position as the Gubners would have been if no deed had passed from the Gubners to Davis Realty & Construction Co., Inc. (Dever v. Hagerty, 169 N. Y. 481 .) As against this suit for ejectment there might be a properly pleaded defense of title by adverse possession in which all the facts upon which such title by adverse possession is predicated should be set forth. | 1 | 1930–1930 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.