1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 65 A.D.3d
  5. 65 A.D.3d 1020 (2009)
 

McCLAIN v. CITY OF NEW YORK

65 A.D.3d 1020 (2009)

884 N.Y.S.2d 865

NAQUAN McCLAIN et al., Appellants, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 8, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint, the facts alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every favorable inference, and the court's function is to determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83, 87-88 ...

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