MATTER OF BRATHWAITE v. MANHATTAN CHILDREN'S PSYCHIATRIC CTR.


70 A.D.2d 810 (1979)

In the Matter of Myrna Brathwaite, Appellant, v. Manhattan Children's Psychiatric Center et al., Respondents

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

June 14, 1979


Unanimously reversed, on the law, without costs or disbursements, the cross motion to dismiss denied, the matter remanded for further proceedings and respondents are permitted to answer the petition within 20 days after service of a copy of our order with notice of entry.

A pleading challenged on a motion to dismiss for failure to state a cause of action (CPLR 3211, subd [a], par 7) is to be "given the benefit of every possible favorable inference" (Rovello v Orofino...

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