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Malphrus v. Carrk

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1996
227 A.D.2d 809 (N.Y. App. Div. 1996)

Opinion

May 16, 1996

Appeal from the Supreme Court, Albany County (Kahn, J.).


In our view, Supreme Court properly granted defendants' motion to dismiss the complaint for failure to state a cause of action ( see, CPLR 3211 [a] [7]). Even giving plaintiff's pro se pleadings the benefit of every favorable inference, as is appropriate on such a motion, we fail to discern any cognizable cause of action upon which relief could be granted ( see, Di Nezza v. Credit Data of Hudson Val., 166 A.D.2d 768, 768-769, lv dismissed, lv denied 77 N.Y.2d 935).

Given this conclusion, we find no reason to address any further issues raised by the parties.

Cardona, P.J., Mercure, White and Casey, JJ., concur. Ordered that the order is affirmed, without costs.


Summaries of

Malphrus v. Carrk

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1996
227 A.D.2d 809 (N.Y. App. Div. 1996)
Case details for

Malphrus v. Carrk

Case Details

Full title:JAMES E. MALPHRUS, Appellant, v. VIC CARRK, as Supervisor of the Town of…

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

Date published: May 16, 1996

Citations

227 A.D.2d 809 (N.Y. App. Div. 1996)
642 N.Y.S.2d 822

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