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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.
| Case | Followed | Cited |
|---|---|---|
Mattioli v. Cassclesgreen2 sentences2004In 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]). | 3 | 3 |
Scott v. Commissioner of Correctional Servicesgreen2 sentences2004In 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]). | 3 | 3 |
Kar-McVeigh, LLC v. Zoning Board of Appealsgreen1 sentence2019On 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 ). | 1 | 1 |
MVM Construction, LLC v. Westchester Countygreen2 sentences2019On 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 ). | 1 | 1 |
Smile v. Board of Educationgreen1 sentence2019"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 ). | 1 | 1 |
Miller v. Mulligangreen1 sentence2012On 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]). | 1 | 1 |
Bloodgood v. Town of Huntingtongreen1 sentence2012On 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]). | 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 |
|---|---|---|
Snyder v. Third Department Judicial Screening Committee
neutral
1 sentence2004In 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]). | 1 | 2004–2004 |
Bianca v. Frank
green
1 sentence1978On 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. | 1 | 1978–1978 |
Board of Education v. Nyquist
green
1 sentence1975(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. | 1 | 1975–1975 |
Posner v. Rockefeller
green
1 sentence1975(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. | 1 | 1975–1975 |
MATTER OF BD. OF EDUC. v. Nyquist
green
1 sentence1975(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. | 1 | 1975–1975 |
Posner v. Rockefeller
green
1 sentence1975(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. | 1 | 1975–1975 |
Sibarco Stations, Inc. v. Risman
neutral
1 sentence1975(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. | 1 | 1975–1975 |
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.