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GRAMMAS v. CHARLA

45 A.D.2d 756 (1974)

John Grammas, on Behalf of Himself as a Director, and as a Shareholder of Bellon Steel Co., Inc., Respondent, v. Joseph Charla, Jr., et al., Appellants, et al., Defendant

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

June 24, 1974

Order affirmed, without costs.

Treating appellants' motion as a demurrer, the Special Term properly denied same. On demurrer to the legal sufficiency of a complaint, it is fundamental that all of the allegations of the complaint must be accepted as true and plaintiff is entitled to the fair intendment of the allegations thereof (Cohen v. Lionel Corp., 21 N.Y.2d 559, 562). We agree with Special Term that a legally sufficient...

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