Search for: "Kupersmith v. Kupersmith" Results 1 - 8 of 8
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29 May 2009, 4:12 am
Further, "in reviewing a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the facts as alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every possible favorable inference, and the court's function is to determine only whether the facts as alleged fit within any cognizable legal theory" (Kupersmith [*2]v Winged Foot Golf Club, Inc., 38 AD3d 847, 848; see Leon v… [read post]
11 Apr 2019, 4:20 am by Andrew Lavoott Bluestone
The plaintiff’s conclusory allegation that the defendants intended to deceive the court and the plaintiff in relying on the affirmative defense of release in the claim denial action was not sufficient to state a cause of action alleging a violation of Judiciary Law § 487 (see Betz v Blatt, 160 AD3d at 698; Kupersmith v Winged Foot Golf Club, Inc., 38 AD3d 847, 848). [read post]
6 Apr 2012, 2:50 am by Andrew Lavoott Bluestone
Fire, "[o]n a motion to dismiss a complaint pursuant [to] CPLR 3211(a)(7), bare legal conclusions are not presumed to be true'" (Kopelowitz & Co., Inc. v Mann, 83 AD3d at 798, quoting Kupersmith v Winged Foot Golf Club, Inc., 38 AD3d 847, 848). [read post]
12 Oct 2007, 2:28 pm
. -------------------------------------------------------------------------------- OCA Not Proper Party In Judges' Pay Suit September 14, 2007 To the Editor, In the Law Journal on Sept. 11, page 2 (see below), the attorney for the judges who are petitioners in Maron v. [read post]