From Casetext: Smarter Legal Research

Vinnik v. 795 Fifth Avenue Corp.

Court of Appeals of the State of New York
May 3, 1984
62 N.Y.2d 698 (N.Y. 1984)

Opinion

Argued March 27, 1984

Decided May 3, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Charles Whitman, Jr., J.

Alvin K. Hellerstein, Eva L. Coben and Jed Ringel for appellants.

Louis A. Craco, Millard L. Midonick, David G. Trachtenberg and Gary J. Malone for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division and for the reasons stated by that court ( 94 A.D.2d 685) that the documents submitted by defendants on their motion to dismiss under CPLR 3211 (subd [a], pars 1, 7) are not sufficient, without more, to constitute a defense to the causes of action alleged in the complaint warranting its dismissal.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.


Summaries of

Vinnik v. 795 Fifth Avenue Corp.

Court of Appeals of the State of New York
May 3, 1984
62 N.Y.2d 698 (N.Y. 1984)
Case details for

Vinnik v. 795 Fifth Avenue Corp.

Case Details

Full title:DANIEL M. VINNIK et al., Respondents, v. 795 FIFTH AVENUE CORPORATION et…

Court:Court of Appeals of the State of New York

Date published: May 3, 1984

Citations

62 N.Y.2d 698 (N.Y. 1984)
476 N.Y.S.2d 538
465 N.E.2d 45

Citing Cases

Four Seasons Hotels v. Vinnik

We are familiar with the background of this matter involving the operation of the Pierre Hotel, a…

Demas v. 325 West End Avenue Corp.

Special Term also erred in dismissing the fifth cause of action (breach by the Board of its duties of good…