ECKERT v. COLUMBUS McKINNON CORP.


105 A.D.2d 1105 (1984)

Ronald Eckert, Appellant, v. Columbus McKinnon Corporation, Defendant, and International Association of Machinists & Aerospace Workers, District No. 76, AFL-CIO, Local 2108, et al., Respondents. (Appeal No. 1.)

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

November 7, 1984


Order unanimously reversed, without costs, and motion denied.

Memorandum:

Special Term erred in granting the motion made by defendant against the complaint pursuant to CPLR 3211 (subd [a], par 7). It is well settled that a complaint should not be dismissed on a pleading motion so long as, when the complaint is given the benefit of every possible favorable inference, a cause of action is stated (see Rovello v...

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