FRIEDMAN v. FRIEDMAN


141 A.D.2d 401 (1988)

Frances S. Friedman, Appellant, v. Howard J. Friedman et al., Respondents

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

June 21, 1988


In determining a motion to dismiss for failure to state a cause of action, the court must liberally construe the pleadings most favorably to the plaintiff (Cohn v Lionel Corp., 21 N.Y.2d 559, 562), and examine whether the plaintiff has a cause of action, not simply whether one has been properly stated. (Rovello v Orofino Realty Co., 40 N.Y.2d 633, 636.)

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