The motion court erred in dismissing the claims at issue in their entirety for failure to state a cause of action. When properly reviewed, i.e., the factual allegations presumed to be true, the pleader given the benefit of every favorable inference which may be drawn from the pleading, and supporting affidavits and documentary evidence considered for the limited purpose of determining whether plaintiffs have a cause of action (see Leon v. Martinez,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
SHISGAL v. BROWN
21 A.D.3d 845 (2005)
801 N.Y.S.2d 581
PESIA PAM SHISGAL et al., Appellants, v. ERIC BROWN et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 29, 2005.
September 29, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
