1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 77 A.D.2d
  5. 77 A.D.2d 703 (1980)
 

CELLAR OF JEANS "N" JEWELS, INC. v. ROSE & KIERNAN, INC.

77 A.D.2d 703 (1980)

Cellar of Jeans "N" Jewels, Inc., Appellant, v. Rose & Kiernan, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 10, 1980

Since defendants' motion to dismiss plaintiff's second cause of action under CPLR 3211 (subd [a], par 7) was not supported by extrinsic proof, the only issue before Special Term was whether it stated a cause of action (cf. Rovello v Orofino Realty Co., 40 N.Y.2d 633; Wolcott v Broughton, 57 A.D.2d 1022). Despite plaintiff's failure to oppose the motion, we conclude that it does and reverse...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases