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12 Jul 2011, 12:08 am
Case: Bodden v. [read post]
12 Jul 2011, 12:07 am
Practice point: The affidavit may be offered to remedy a pleading defect, but it is not necessary as evidentiary support for a properly pleaded claim.Student note: Dismissal is warranted only if either party's affidavit establishes that plaintiff has no cause of action.Case: Bodden v. [read post]
5 Sep 2019, 4:33 am
The evidentiary submissions did not establish that a material fact alleged in the complaint is not a fact at all and that no significant dispute exists regarding it (see Bodden v Kean, 86 AD3d at 526). [read post]
2 Jul 2021, 4:56 am
“Where a court considers evidentiary material in determining a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), but does not convert the motion into one for summary judgment, the criterion becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless the movant shows that a material fact as claimed by the plaintiff is not a fact at all and no significant dispute exists regarding the alleged fact, the complaint shall not be dismissed”… [read post]
26 Nov 2018, 4:16 am
The evidentiary submissions did not establish that a material fact alleged in the complaint is not a fact at all and that no significant dispute exists regarding it (see Bodden v Kean, 86 AD3d at 526). [read post]
