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FLEMING v. ALLSTATE INS. CO.

106 A.D.2d 426 (1984)

Michael Fleming et al., Respondents-Appellants, v. Allstate Insurance Company, Appellant-Respondent

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

December 10, 1984

Order modified, on the law, by adding thereto a provision granting defendant's motion to dismiss the complaint solely with respect to plaintiffs' requests for (1) compensatory damages for emotional distress and (2) punitive damages. As so modified, order affirmed without costs or disbursements.

Upon a motion to dismiss a complaint, a plaintiff must be given the benefit of every possible favorable inference (see Rovello v Orofino Realty Co.,

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