section 7804 motion to dismiss (New York) · Go Syfert
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section 7804 motion to dismiss in New York

7 New York opinions name it 3 courts 1975–2019 0 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 (7)

CaseFollowedCited
Mattioli v. Cassclesgreen
nyappdiv · 1975 · cited in 3 New York opinions naming this issue, 2003–2004
2 sentences

2004In the case of Matter of Green Harbour Homeowners’ Assn., Inc. v Town of Lake George Planning Bd. ( 1 AD3d 744 , 745 [2003]), the Third Department set forth the applicable law as follows: “In determining motions to dismiss under CPLR 7804 (f) or 3211, the court may not look beyond the petition and must accept all its allegations as true (Matter of Scott v Commissioner of Correctional Servs., 194 AD2d 1042, 1043 [1993]; see Matter of Mattioli v Casscles, 50 AD2d 1013 [1975]).

2004In the case of Matter of Green Harbour Homeowners' Assn., Inc. v Town of Lake George Planning [*2]Bd. ( 1 AD3d 744 , 745 [2003]), the Third Department set forth the applicable law as follows: "In determining motions to dismiss under CPLR 7804 (f) or 3211, the court may not look beyond the petition {** 4 Misc 3d at 624 }and must accept all its allegations as true ( Matter of Scott v Commissioner of Correctional Servs. , 194 AD2d 1042, 1043 [1993]; see Matter of Mattioli v Casscles , 50 AD2d 1013 [1975]).

33
Scott v. Commissioner of Correctional Servicesgreen
nyappdiv · 1993 · cited in 3 New York opinions naming this issue, 2003–2004
2 sentences

2004In the case of Matter of Green Harbour Homeowners’ Assn., Inc. v Town of Lake George Planning Bd. ( 1 AD3d 744 , 745 [2003]), the Third Department set forth the applicable law as follows: “In determining motions to dismiss under CPLR 7804 (f) or 3211, the court may not look beyond the petition and must accept all its allegations as true (Matter of Scott v Commissioner of Correctional Servs., 194 AD2d 1042, 1043 [1993]; see Matter of Mattioli v Casscles, 50 AD2d 1013 [1975]).

2004In the case of Matter of Green Harbour Homeowners' Assn., Inc. v Town of Lake George Planning [*2]Bd. ( 1 AD3d 744 , 745 [2003]), the Third Department set forth the applicable law as follows: "In determining motions to dismiss under CPLR 7804 (f) or 3211, the court may not look beyond the petition {** 4 Misc 3d at 624 }and must accept all its allegations as true ( Matter of Scott v Commissioner of Correctional Servs. , 194 AD2d 1042, 1043 [1993]; see Matter of Mattioli v Casscles , 50 AD2d 1013 [1975]).

33
Kar-McVeigh, LLC v. Zoning Board of Appealsgreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019On a motion to dismiss pursuant to CPLR 7804(f) and 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 MVM Constr., LLC v Westchester County , 112 AD3d 635 , 636 [internal quotation marks omitted]). "[T]he sole criterion is whether the petition sets forth allegations sufficient to make out a claim" ( id. at 636; see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead , 93 AD3d 799, 800 ).

11
MVM Construction, LLC v. Westchester Countygreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2019–2019
2 sentences

2019On a motion to dismiss pursuant to CPLR 7804(f) and 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 MVM Constr., LLC v Westchester County , 112 AD3d 635 , 636 [internal quotation marks omitted]). "[T]he sole criterion is whether the petition sets forth allegations sufficient to make out a claim" ( id. at 636; see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead , 93 AD3d 799, 800 ).

2019On a motion to dismiss pursuant to CPLR 7804(f) and 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 MVM Constr., LLC v Westchester County , 112 AD3d 635 , 636 [internal quotation marks omitted]). "[T]he sole criterion is whether the petition sets forth allegations sufficient to make out a claim" ( id. at 636; see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead , 93 AD3d 799, 800 ).

11
Smile v. Board of Educationgreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019"If the motion [to dismiss] is denied, the court shall permit the respondent to answer" (CPLR 7804[f]; see Matter of Smiler v Board of Educ. , 15 AD3d 409, 410 ).

11
Miller v. Mulligangreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012On a motion to dismiss pursuant to CPLR 7804 (f) and 3211 (a) (7), all of the allegations in the petition/complaint are deemed true and the petitioner/plaintiff is afforded the benefit of every favorable inference (see Matter of Miller v Mulligan, 73 AD3d 781, 783 [2010]; Matter of Bloodgood v Town of Huntington, 58 AD3d 619, 621 [2009]).

11
Bloodgood v. Town of Huntingtongreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012On a motion to dismiss pursuant to CPLR 7804 (f) and 3211 (a) (7), all of the allegations in the petition/complaint are deemed true and the petitioner/plaintiff is afforded the benefit of every favorable inference (see Matter of Miller v Mulligan, 73 AD3d 781, 783 [2010]; Matter of Bloodgood v Town of Huntington, 58 AD3d 619, 621 [2009]).

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 (7)

CaseCitedYears
Snyder v. Third Department Judicial Screening Committee neutral
nysupct · 2004
1 sentence

2004In the case of Matter of Green Harbour Homeowners' Assn., Inc. v Town of Lake George Planning [*2]Bd. ( 1 AD3d 744 , 745 [2003]), the Third Department set forth the applicable law as follows: "In determining motions to dismiss under CPLR 7804 (f) or 3211, the court may not look beyond the petition {** 4 Misc 3d at 624 }and must accept all its allegations as true ( Matter of Scott v Commissioner of Correctional Servs. , 194 AD2d 1042, 1043 [1993]; see Matter of Mattioli v Casscles , 50 AD2d 1013 [1975]).

12004–2004
Bianca v. Frank green
ny · 1977
1 sentence

1978On March 20, 1978 Special Term, upon reargument, reversed its January 16, 1978 decision on the basis of Matter of Bianca v Frank ( 43 NY2d 168 ) which was brought to its attention when it appeared in the official advance sheets on January 25, 1978.

11978–1978
Board of Education v. Nyquist green
nyappdiv · 1971
1 sentence

1975(Matter of Board of Educ. of City of N. Y. v Nyquist, 37 AD2d 642 , affd 31 NY2d 468 ; Matter of Sibarco Stas, v Risman, 34 AD2d 890 ; Matter of Posner v Rockefeller, 33 AD2d 683 , affd 25 NY2d 720 ; Matter of Civil Serv.

11975–1975
Posner v. Rockefeller green
ny · 1969
1 sentence

1975(Matter of Board of Educ. of City of N. Y. v Nyquist, 37 AD2d 642 , affd 31 NY2d 468 ; Matter of Sibarco Stas, v Risman, 34 AD2d 890 ; Matter of Posner v Rockefeller, 33 AD2d 683 , affd 25 NY2d 720 ; Matter of Civil Serv.

11975–1975
MATTER OF BD. OF EDUC. v. Nyquist green
ny · 1973
1 sentence

1975(Matter of Board of Educ. of City of N. Y. v Nyquist, 37 AD2d 642 , affd 31 NY2d 468 ; Matter of Sibarco Stas, v Risman, 34 AD2d 890 ; Matter of Posner v Rockefeller, 33 AD2d 683 , affd 25 NY2d 720 ; Matter of Civil Serv.

11975–1975
Posner v. Rockefeller green
nyappdiv · 1969
1 sentence

1975(Matter of Board of Educ. of City of N. Y. v Nyquist, 37 AD2d 642 , affd 31 NY2d 468 ; Matter of Sibarco Stas, v Risman, 34 AD2d 890 ; Matter of Posner v Rockefeller, 33 AD2d 683 , affd 25 NY2d 720 ; Matter of Civil Serv.

11975–1975
Sibarco Stations, Inc. v. Risman neutral
nyappdiv · 1970
1 sentence

1975(Matter of Board of Educ. of City of N. Y. v Nyquist, 37 AD2d 642 , affd 31 NY2d 468 ; Matter of Sibarco Stas, v Risman, 34 AD2d 890 ; Matter of Posner v Rockefeller, 33 AD2d 683 , affd 25 NY2d 720 ; Matter of Civil Serv.

11975–1975

Statutes the citing opinions construe

NY § N.Y. CPLR § 7804 (7)

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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