From Casetext: Smarter Legal Research

Wallice v. Waterpointe at Oakdale Shores, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 578 (N.Y. App. Div. 1995)

Opinion

December 18, 1995

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed, with costs.

In considering a motion to dismiss pursuant to CPLR 3211 (a) (7) the court must accept the plaintiff's allegations as true and must "resolve all inferences which reasonably flow therefrom in favor of the pleader" ( Sanders v Winship, 57 N.Y.2d 391, 394; see also, Leon v Martinez, 84 N.Y.2d 83, 87; Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275; 219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506; Bovino v Village of Wappingers Falls, 215 A.D.2d 619). Moreover, the "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint" ( Leon v Martinez, supra, at 88; Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635). Applying these standards to the instant case, we conclude that the Supreme Court properly denied the motion to dismiss. Thompson, J.P., Ritter, Joy and Florio, JJ., concur.


Summaries of

Wallice v. Waterpointe at Oakdale Shores, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1995
222 A.D.2d 578 (N.Y. App. Div. 1995)
Case details for

Wallice v. Waterpointe at Oakdale Shores, Inc.

Case Details

Full title:JOHN WALLICE, Respondent, v. WATERPOINTE AT OAKDALE SHORES, INC.…

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

Date published: Dec 18, 1995

Citations

222 A.D.2d 578 (N.Y. App. Div. 1995)
636 N.Y.S.2d 645

Citing Cases

Oakfield Group v. Bell Atlantic Corp.

ORDERED that the order is modified by deleting the provision thereof denying that branch of the defendant's…