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H. M. BROWN, INC. v. PRICE

38 A.D.2d 680 (1971)

H. M. Brown, Inc., Appellant, v. Lewis B. Price, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 9, 1971

Order and judgment unanimously reversed, without costs, and motion to dismiss complaint denied.

Memorandum:

Special Term incorrectly concluded that the plaintiff's complaint failed to state a cause of action. Motions to dismiss should not be granted unless it is clear that there can be no relief under any of the facts alleged in the complaint (Richardson v. Coy, 28 A.D.2d 640). Absent a showing of any prejudice, defects...

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