Qualben v. Aiello

Appellate Division of the Supreme Court of New York

Qualben v. Aiello

120 A.D.2d 578, 501 N.Y.S.2d 1012, 1986 N.Y. App. Div. LEXIS 56661

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 1986

StatusPublished

This text of 120 A.D.2d 578 (Qualben v. Aiello) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Qualben v. Aiello, 120 A.D.2d 578, 501 N.Y.S.2d 1012, 1986 N.Y. App. Div. LEXIS 56661 (N.Y. Ct. App. 1986).

Pincite

Opinion

— In an action, inter alia, to recover damages for prima facie tort, the defendant appeals from so much of an order of the Supreme Court, Kings County (Monteleone, J.), dated March 26, 1985, as denied his motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, or for summary judgment pursuant to CPLR 3211 (c).

Order affirmed insofar as appealed from, with costs.

When a motion to dismiss a complaint for failure to state a cause of action is made, it must be determined whether, assuming the accuracy of the allegations of fact in the papers, there is some basis to award legal redress, assuming the truth of the plaintiffs’ allegations, their pleadings state a wrong for [579]*579which there is a remedy. Further, summary judgment would be inappropriate at this point. Accordingly, Special Term correctly denied the defendant’s motion. Gibbons, J. P., Thompson, Niehoff and Rubin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In an action, inter alia, to recover damages for prima facie tort, the defendant appeals from so much of an order of the Supreme Court, Kings County (Monteleone, J.), dated March 26, 1985, as denied his motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, or for summary judgment pursuant to CPLR 3211 (c).

Order affirmed insofar as appealed from, with costs.

When a motion to dismiss a complaint for failure to state a cause of action is made, it must be determined whether, assuming the accuracy of the allegations of fact in the papers, there is some basis to award legal redress, assuming the truth of the plaintiffs’ allegations, their pleadings state a wrong for [579]*579which there is a remedy. Further, summary judgment would be inappropriate at this point. Accordingly, Special Term correctly denied the defendant’s motion. Gibbons, J. P., Thompson, Niehoff and Rubin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

120 A.D.2d 578, 501 N.Y.S.2d 1012, 1986 N.Y. App. Div. LEXIS 56661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qualben-v-aiello-nyappdiv-1986.