1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 58 A.D.3d
  5. 58 A.D.3d 674 (2009)
 

ELOW v. SVENNINGSEN

58 A.D.3d 674 (2009)

ADELA ELOW, Respondent, v. CHRISTINE SVENNINGSEN, Appellant, et al., Defendant.

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

January 20, 2009.

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

On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be accorded a liberal construction, the facts as alleged therein must be accepted as true, and the plaintiff must be accorded the benefit of every favorable inference. The court's function on such a motion is to determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez,

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