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7 canonical passages across 5 cases, quoted by 131 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Breytman v. Olinville Realty, LLC.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Breytman v. Olinville Realty, LLC Anchor | green | “on a motion to dismiss the complaint 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 the benefit of every possible infere…” | 65 |
| 2 | Goshen v. Mutual Life Insurance | green | “only where the documentary evidence utterly refutes plaintiffs factual allegations, conclusively establishing a defense as a matter of law” | 24 |
| 3 | Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP | green | “whether the complaint will later survive a motion for summary judgment, or whether the plaintiff will ultimately be able to prove its claims, of course, plays no part in the determination of a prediscovery cplr 3211 motion to dismiss” | 16 |
| 4 | Mendelovitz v. Cohen | green | “a motion pursuant to cplr 3211 (a) (1) to dismiss the complaint on the ground that the action is barred by documentary evidence may be granted only where the documentary evidence utterly refutes the plaintiffs factual allegations, thereby conclusively establishing a defense as a…” | 11 |
| 5 | Breytman v. Olinville Realty, LLC | green | “on a motion to dismiss the complaint 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 the benefit of every possible inferenc…” | 8 |
| 6 | Breytman v. Olinville Realty, LLC | green | “the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory” | 4 |
| 7 | Perez-Faringer v. Heilman | green | “where the facts represented are not matters peculiarly within the party's knowledge, and the other party has the means available to him of knowing, by the exercise of ordinary intelligence, the truth or the real quality of the subject of the representation, he must make use of t…” | 3 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.