section 3211(a) dismiss a pleading (New York) · Go Syfert
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section 3211(a) dismiss a pleading in New York

65 New York opinions name it 6 courts 1983–2026 20 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.

Followed or applied (51)

CaseFollowedCited
Leon v. Martinezgreen
ny · 1994 · cited in 14 New York opinions naming this issue, 2007–2026
2 sentences

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has

1214
Kar-McVeigh, LLC v. Zoning Board of Appealsgreen
nyappdiv · 2012 · cited in 11 New York opinions naming this issue, 2012–2014
2 sentences

2014On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference (see Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 760 [2012]; Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead, 93 AD3d 799, 800 [2012]).

2014On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference ( see Matter of Oddone v Suffolk County Police Dept. , 96 AD3d 758 , 760; Matter of Kar-McVeigh LLC v Zoning Bd. of Appeals of Town of Riverhead , 93 AD3d 799, 780 ).

1111
Oddone v. Suffolk County Police Departmentgreen
nyappdiv · 2012 · cited in 9 New York opinions naming this issue, 2012–2016
2 sentences

2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Grecco v Cimino , 100 AD3d 892, 897 ; see Matter of Johnson v County of Orange , 138 AD3d 850 ; Matter of MVM Constr., LLC v Westchester County , 112 AD3d 635 , 635-637; Matter of Oddone v Suffolk County Police Dept ., 96 AD3d 758 , 762).

2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]).

89
Guggenheimer v. Ginzburggreen
ny · 1977 · cited in 8 New York opinions naming this issue, 2009–2026
2 sentences

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has

68
Grecco v. Ciminogreen
nyappdiv · 2012 · cited in 7 New York opinions naming this issue, 2013–2022
2 sentences

2022"In addition, a party seeking a downward modification of an unallocated order of child support based on the emancipation of one of the children has the burden of proving that the amount of unallocated child support is excessive based on the needs of the remaining children" ( Lamassa v Lamassa , 106 AD3d 957, 959 ; see Goodman v Pettit , 133 AD3d 630, 631 ). "'On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference'" ( Matter of Kunik v New York City Dept. of Edu

2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]).

67
Breytman v. Olinville Realty, LLCgreen
nyappdiv · 2008 · cited in 6 New York opinions naming this issue, 2014–2024
2 sentences

2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]).

2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]).

46
Miller v. Mulligangreen
nyappdiv · 2010 · cited in 4 New York opinions naming this issue, 2012–2012
2 sentences

2012On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference (see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead, 93 AD3d 799, 800 [2012]; Matter of Miller v Mulligan, 73 AD3d 781, 783 [2010]).

2012On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference (see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead, 93 AD3d 799, 800 [2012]; Matter of Miller v Mulligan, 73 AD3d 781, 783 [2010]).

44
Wells Fargo Bank, N.A. v. Mastromarinogreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2014–2016
2 sentences

2016To hold otherwise would allow agencies to frustrate the purpose of FOIL by discarding records when they receive FOIL requests. “ ‘On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference’ ” (Matter of Schlemme v Planning Bd. of City of Poughkeepsie, 118 AD3d 893 , 895 [2014], quoting Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]).

2014“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference” (Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]; see Hogan v New York State Off. of Mental Health, 115 AD2d 638, 639 [1985]).

33
Matter of Gerety v. Geretygreen
nyappdiv · 2022 · cited in 2 New York opinions naming this issue, 2022–2023
2 sentences

2023"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Gerety v Gerety , 203 AD3d 827, 829 [internal quotation marks omitted]).

2022"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Gerety v Gerety , 203 AD3d 827, 829 [internal quotation marks omitted]).

22
Matter of Johnson v. County of Orangegreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2016–2016
2 sentences

2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]).

2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Grecco v Cimino , 100 AD3d 892, 897 ; see Matter of Johnson v County of Orange , 138 AD3d 850 ; Matter of MVM Constr., LLC v Westchester County , 112 AD3d 635 , 635-637; Matter of Oddone v Suffolk County Police Dept ., 96 AD3d 758 , 762).

22
Hogan v. New York State Office of Mental Healthgreen
nyappdiv · 1985 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference” (Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]; see Hogan v New York State Off. of Mental Health, 115 AD2d 638, 639 [1985]).

2014“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference” (Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]; see Hogan v New York State Off. of Mental Health, 115 AD2d 638, 639 [1985]).

22
Spry v. Delaware Countygreen
nyappdiv · 1999 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013In determining such a motion in a proceeding such as the instant one, the sole criterion is whether the petition sets forth allegations sufficient to make out a claim that the determination sought to be reviewed was not “supported by substantial evidence” (CPLR 7803 [4]; see Matter of Spry v Delaware County, 253 AD2d 178, 180-182 [1999]; cf. Matter of Grecco v Cimino, 100 AD3d at 897 ; Matter of Oddone v Suffolk County Police Dept., 96 AD3d at 760).

2013In determining such a motion in a proceeding such as the instant one, the sole criterion is whether the petition sets forth allegations sufficient to make out a claim that the determination sought to be reviewed was not “supported by substantial evidence” (CPLR 7803 [4]; see Matter of Spry v Delaware County, 253 AD2d 178, 180-182 [1999]; cf. Matter of Grecco v Cimino, 100 AD3d at 897 ; Matter of Oddone v Suffolk County Police Dept., 96 AD3d at 760).

22
McCann v. Scadutogreen
ny · 1987 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Here, the petition/complaint alleges, inter alia, that the Nassau County Treasurer failed to provide the petitioner/plaintiff with actual notice of a tax lien sale in violation of Nassau County Administrative Code § 5-37.0, and in violation of a mortgagee’s due process right to constitutionally adequate notice of a tax lien sale (see generally Matter of McCann v Scaduto, 71 NY2d 164, 169-170 [1987]; Zamor v L&L Assoc.

2012Here, the petition/complaint alleges, inter alia, that the Nassau County Treasurer failed to provide the petitioner/plaintiff with actual notice of a tax lien sale in violation of Nassau County Administrative Code § 5-37.0, and in violation of a mortgagee’s due process right to constitutionally adequate notice of a tax lien sale (see generally Matter of McCann v Scaduto, 71 NY2d 164, 169-170 [1987]; Zamor v L&L Assoc.

22
First Keystone Consultants, Inc. v. DDR Construction Servicesgreen
nyappdiv · 2010 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Servs., 74 AD3d 1135, 1136 [2010]).

2012Servs., 74 AD3d 1135, 1136 [2010]).

22
Lieberman v. Greengreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2026–2026
2 sentences

2026The defendant appeals. "'On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Janover, LLC v Smith , 245 AD3d 907 , 909, quoting Lieberman v Green , 139 AD3d 815, 816 ).

2026"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Lieberman v Green , 139 AD3d 815, 816 [alteration and internal quotation marks omitted]; see Health Acquisition Corp. v Program Risk Mgt., Inc. , 105 AD3d 1001 , 1003).

12
Matter of Better World Real Estate Group v. New York City Dept. of Fin.green
nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2016–2018
2 sentences

2018"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference" ( Matter of Better World Real Estate Group v New York City Dept. of Fin ., 122 AD3d 27, 36 ).

2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference" ( Matter of Better World Real Estate Group v New York City Dept. of Fin., 122 AD3d 27, 36 ).

12
Katz v. DePaolagreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR [*2] 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one and, unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate" ( Katz v DePaola , 211 AD3d 1020, 1021 [internal quotation marks omitted]; see Guggenhei

11
Davila v. Orange Countygreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has

11
Zeitlin v. Cohangreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026However, "substantial basis" at the pleading stage does not require a showing of clear and convincing evidence for that is the burden of proof at trial ( see Reeves, supra at *1; see also Zeitlin v Cohan , 220 AD3d 631, 632 [1st Dept 2023]).

2026However, "substantial basis" at the pleading stage does not require a showing of clear and convincing evidence for that is the burden of proof at trial ( see Reeves, supra at *1 ; see also Zeitlin v Cohan , 220 AD3d 631, 632 [1st Dept 2023]).

11
Health Acquisition Corp. v. Program Risk Management Inc.green
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Lieberman v Green , 139 AD3d 815, 816 [alteration and internal quotation marks omitted]; see Health Acquisition Corp. v Program Risk Mgt., Inc. , 105 AD3d 1001 , 1003).

11
S.N. v. Integral Yoga Inst., Inc.green
nyappdiv · 2026 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026The "substantial basis" standard is a "heightened burden" compared to the pleading standard under CPLR 3211(a)(7) ( S.N. v Integral Yoga Institute, Inc. —- N.Y.S.3d ——, 2026 NY Slip Op. 00217 at *1 [1st Dept 2026]).

2026The "substantial basis" standard is a "heightened burden" compared to the pleading standard under CPLR 3211(a)(7) ( S.N. v Integral Yoga Institute, Inc. — N.Y.S.3d —, 2026 NY Slip Op. 00217 at *1 [1st Dept 2026]).

11
Sokol v. Leadergreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has

11
Cajigas v. Clean Rite Ctrs., LLCgreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has

11
Atlasman v. Korolgreen
nyappdiv · 2025 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha

2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v Martinez , 84 NY2d 83, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has

11
Matter of Madden v. Village of Tuxedo Parkgreen
nyappdiv · 2021 · cited in 1 New York opinions naming this issue, 2025–2025
11
Soodoo v. LC, LLCgreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2025–2025
11
Matter of Fanizzi v. Planning Bd. of Pattersongreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2025–2025
11
Antoine v. Kalandrishviligreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2025–2025
11
Broadway Central Property Inc. v. 682 Tenant Corp.green
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2024–2024
11
Matter of Jean-Baptiste v. Jean-Baptistegreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2023–2023
11
Goodman v. Pettitgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2022–2022
11
Matter of Kunik v. New York City Dept. of Educ.green
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2022–2022
11
Held v. Kaufmangreen
ny · 1998 · cited in 1 New York opinions naming this issue, 2021–2021
11
Matter of Palmore v. Board of Educ. of Hempstead Union Free Sch. Dist.green
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2021–2021
11
Chancer v. Stowellgreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2019–2019
11
Eklund v. Pinkeygreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2017–2017
11
Garraway v. Fischergreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2017–2017
11
High Tides, LLC v. DeMichelegreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2016–2016
11
Matter of Clavin v. Mitchellgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2016–2016
11
McDonnell v. Bradleygreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2016–2016
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (29)

CaseCitedYears
Bailey v. Peerstate Equity Fund, L.P. green
nyappdiv · 2015
2 sentences

2025"The rule bars both repetitive motions to dismiss a pleading pursuant to CPLR 3211(a), as well as subsequent motions to dismiss the pleading pursuant to CPLR 3211(a) that are based on alternative grounds" ( Bailey v Peerstate Equity Fund, L.P. , 126 AD3d 738, 739 ).

2025"The rule bars both repetitive motions to dismiss a pleading pursuant to CPLR 3211(a), as well as subsequent motions to dismiss the pleading pursuant to CPLR 3211(a) that are based on alternative grounds" ( Bailey v Peerstate Equity Fund, L.P. , 126 AD3d 738, 739 ).

22025–2025
Breytman v. Olinville Realty, LLC neutral
ny · 2009
2 sentences

2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]).

2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]).

22024–2024
MVM Construction, LLC v. Westchester County green
nyappdiv · 2013
2 sentences

2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Grecco v Cimino , 100 AD3d 892, 897 ; see Matter of Johnson v County of Orange , 138 AD3d 850 ; Matter of MVM Constr., LLC v Westchester County , 112 AD3d 635 , 635-637; Matter of Oddone v Suffolk County Police Dept ., 96 AD3d 758 , 762).

2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]).

22016–2016
Zuckerman v. City of New York green
ny · 1980
2 sentences

1987Neither party has been put to its proof in response to a motion for summary judgment, whereupon the opposing party would be required to adduce evidentiary proof (CPLR 3212, subd [b]; Zuckerman v City of New York, 49 NY2d 557 ).” (Frank Corp. v Federal Ins.

1983Neither party has been put to its proof in response to a motion for summary judgment, whereupon the opposing party would be required to adduce evidentiary proof (CPLR 3212, subd [b]; Zuckerman v City of New York, 49 NY2d 557 ).

21983–1987
Godfrey v. Spano green
ny · 2009
1 sentence

2026However, "conclusory allegations—claims consisting of bare legal conclusions with no factual specificity—are insufficient to survive a motion to dismiss" ( Godfrey v Spano , 13 NY3d 358, 373 ).

12026–2026
Lucido v. Mancuso green
nyappdiv · 2008
12026–2026
Janover, LLC v. Smith neutral
nyappdiv · 2026
1 sentence

2026The defendant appeals. "'On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Janover, LLC v Smith , 245 AD3d 907 , 909, quoting Lieberman v Green , 139 AD3d 815, 816 ).

12026–2026
Balkheimer v. Spanton green
nyappdiv · 2013
12025–2025
Jackson v. Bank of America, N.A. green
nyappdiv · 2017
12025–2025
Epifani v. Johnson green
nyappdiv · 2009
12024–2024
Grella v. St. Francis Hospital green
nyappdiv · 2017
12024–2024
Matter of Camarda v. Charlot green
nyappdiv · 2020
12022–2022
Lamassa v. Lamassa green
nyappdiv · 2013
12022–2022
Seidler v. Knopf green
nyappdiv · 2020
12021–2021
Wedgewood Care Ctr., Inc. v. Kravitz green
nyappdiv · 2021
12021–2021
Phillips v. Taco Bell Corp. green
nyappdiv · 2017
12020–2020
McBride v. Springsteen-El green
nyappdiv · 2013
12019–2019
Matter of Betts v. Moore green
nyappdiv · 2019
12019–2019
Lauzonis v. Lauzonis green
nyappdiv · 2014
12019–2019
Chisolm v. Copeland green
nyappdiv · 2006
12018–2018
MATTER OF GOMEZ v. Stout green
ny · 2009
12018–2018
Zlotnick v. City of Saratoga Springs green
nyappdiv · 2014
12018–2018
Guynup v. County of Clinton green
nyappdiv · 2010
12018–2018
Norment v. Interfaith Center green
nyappdiv · 2012
12017–2017
Schlemme v. Planning Board green
nyappdiv · 2014
12016–2016
Fox v. Marshall green
nyappdiv · 2011
12015–2015
Morris v. Morris green
nyappdiv · 2003
12009–2009
Feeley v. Midas Properties, Inc. green
nyappdiv · 1989
12009–2009
Schenectady International, Inc. v. Employers Insurance green
nyappdiv · 1997
12009–2009

Statutes the citing opinions construe

NY § N.Y. CPLR § 3211 (65) NY § N.Y. Public Officers Law § 89 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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