§Why CasetextPricing

Guerrera Tooker v. Guerrera et al

First Motion to Dismiss for Failure to State a Claim

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,493 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,800 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

  5. Sira v. Morton

    380 F.3d 57 (2d Cir. 2004)   Cited 1,217 times
    Holding that a denial of qualified immunity on the law "is collateral to the merits of the underlying action and is, therefore, considered final for appellate purposes"

  6. Dickerson v. Napolitano

    604 F.3d 732 (2d Cir. 2010)   Cited 651 times
    Holding in "as applied" challenge that, even where enforcement guidelines may not have been clear in hypothetical situations, the actions of the defendants were in clear violation of the statute

  7. Moore v. Painewebber, Inc.

    189 F.3d 165 (2d Cir. 1999)   Cited 298 times
    Holding Federal Rule of Civil Procedure 9(b) "applies to RICO claims for which fraud is the predicate illegal act"

  8. Bankers Trust Co. of California v. Tsoukas

    303 A.D.2d 343 (N.Y. App. Div. 2003)   Cited 233 times

    2002-05064, 2002-09184 Submitted February 10, 2003. March 3, 2003. In an action to foreclose a mortgage, the defendant Steve Tsoukas appeals from (1) an order of the Supreme Court, Richmond County (Gigante, J.), dated February 28, 2002, which denied his motion to dismiss the complaint insofar as asserted against him on the ground of improper service, and granted the plaintiff's cross motion to strike his answer and for summary judgment, and (2) a judgment of foreclosure and sale of the same court

  9. Dechberry v. New York City Fire Department

    124 F. Supp. 3d 131 (E.D.N.Y. 2015)   Cited 90 times
    Holding that, "even construing all of the allegations as true and drawing inferences liberally and in favor of the pro se plaintiff, there is no factual basis upon which to conclude that any of defendant's actions were taken because of plaintiff's" membership in a protected class

  10. Bossuk v. Steinberg

    58 N.Y.2d 916 (N.Y. 1983)   Cited 189 times
    Holding § 308 is satisfied where a process server informs a person he is leaving a copy of the summons and complaint in a place after service was refused

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,093 times   60 Legal Analyses
    Specifying prohibited activities

  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,089 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  17. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,157 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  18. Section 308 - Personal service upon a natural person

    N.Y. C.P.L.R. § 308   Cited 5,266 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"

  19. Section 303 - Service of process on limited liability companies

    N.Y. Limited Liability Company Law § 303   Cited 248 times
    Permitting service of process by personal delivery to the Secretary of State, requiring “duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement”

  20. Section 311-A - Personal service on limited liability companies

    N.Y. CPLR 311-A   Cited 226 times
    Describing the methods for personal service on a limited liability company