Order, insofar as appealed from, unanimously reversed on the law without costs, motion denied and complaint reinstated.
Memorandum:
On a motion by defendant Barnes to dismiss plaintiff's complaint for failure to state a cause of action, the allegations of the complaint are deemed true and plaintiff must be given the benefit of every favorable inference to be drawn therefrom (see, Siegel, NY Prac § 265 [2d ed]). Thus viewed, plaintiff's complaint...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
