(Download) "Khaldarov v. Neighborhood Housing Service of Nyc" by Queens County New York Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Khaldarov v. Neighborhood Housing Service of Nyc
- Author : Queens County New York Supreme Court
- Release Date : January 29, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
On a motion to dismiss for failure to state a cause of action pursuant to CPLR §3211[a][7], the allegations contained in the complaint must be presumed to be true and liberally construed (Palazzolo v Herrick, Feinstein, LLP, 298 AD2d 372; Schulman v Chase Manhattan Bank, 268 AD2d 174). Moreover, although the court "may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint" (Well v Rambam, 300 AD2d 580), the papers submitted in opposition to the motion are insufficient since they are not in affidavit form. Accordingly, a determination of whether the complaint states any cause of action must be based solely on the four corners of the pleading.
 "Khaldarov v. Neighborhood Housing Service of Nyc" by Queens County New York Supreme Court * Book PDF Kindle ePub Free){kind=link}