Topic: pursuant to cplr 3211 (a) (7) to dismiss the complaint, whi… · Go Syfert
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Topic #38473

3 canonical passages across 3 cases, quoted by 9 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 Terry v. State.

#Case FlagCanonical passage Citers
1 Terry v. State Anchor
nyappdiv · 2007
green “pursuant to cplr 3211 (a) (7) to dismiss the complaint, which were addressed to the sufficiency of the pleadings, did not establish the law of the case for the purpose of their subsequent motions pursuant to cplr 3212 for summary judgment, which were addressed to the sufficiency…” 3
2 Melfi v. Mount Sinai Hospital
nyappdiv · 2009
green “authorized, participated in, consented to or ratified the conduct giving rise to such damages, or deliberately retained the unfit partner” 3
3 White of Lake George, Inc. v. Bell
nyappdiv · 1998
green “where, as here, a fraud cause of action is asserted in connection with charges of professional malpractice, it is sustainable only to the extent that it is premised upon one or more affirmative, intentional misrepresentations . . . which have caused additional damages, separate …” 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.

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