WEICHERT v. AM. NAT'L BANK & TRUST CO.


39 A.D.2d 819 (1972)

Robert M. Weichert, Appellant, v. American National Bank and Trust Company, Respondent

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

May 18, 1972


Order unanimously affirmed, with costs.

Memorandum:

On a motion to dismiss, the pleadings are to be liberally construed and the complaint must stand if any valid cause of action is stated (Murphy v. Erie County, 34 A.D.2d 295, 298; Foley v. D'Agostino, 21 A.D.2d 60). Plaintiff alleges that the defendant-respondent concealed certain facts from him and that had he been given...

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