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WERNHAM v. MOORE

77 A.D.2d 262 (1980)

Michael A. Wernham, Respondent, v. Paul Moore, Jr., as President of the Board of Managers of the Episcopal Mission Society in the Diocese of New York, et al., Appellants

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

November 6, 1980

Attorney(s) appearing for the Case

Martin H. Zuckerman of counsel (Ernest J. Collazo with him on the brief; Simpson Thacher & Bartlett, attorneys), for appellants.

Sandra B. Durant and Jonathan A. Weiss for respondent.

KUPFERMAN, BIRNS, LUPIANO and YESAWICH, JJ, Concur.

MURPHY, P.J.

Upon this motion to dismiss for legal insufficiency, the complaint must be deemed to allege whatever can be implied from its statements by fair intendment. If the plaintiff is entitled to recover in any aspect upon the facts stated, the complaint is legally sufficient (Howard Stores Corp. v Pope, 1 N.Y.2d 110, 114). In deciding the motion, the copies of...

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