1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 85 A.D.3d
  5. 85 A.D.3d 549 (2011)
 

MATTER OF GARCIA v. RHEA

5348, 401401/10.

85 A.D.3d 549 (2011)

924 N.Y.S.2d 790

2011 NY Slip Op 5188

In the Matter of JACQUELYN GARCIA, Appellant, v. JOHN B. RHEA, as Chairperson and Member of the New York City Housing Authority, et al., Respondents.

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

Decided June 16, 2011.

The court erred in making findings of fact in granting respondents' motion to dismiss the petition for failure to state a cause of action (CPLR 3211 [a] [7]). Whether petitioner actually applied for Section 8 benefits and whether respondents actually denied that application are factual issues beyond the scope of the motion (see Matter of 1300 Franklin Ave. Members, LLC v Board of Trustees of Inc. Vil. of Garden City, 62 A.D.3d 1004

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