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MARK HAMPTON, INC. v. BERGREEN

173 A.D.2d 220 (1991)

Mark Hampton, Inc., Plaintiff, v. Morris H. Bergreen et al., Appellants-Respondents, and Mark Hampton, Respondent-Appellant

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

May 7, 1991

Although on a motion addressed to the sufficiency of a complaint, the facts pleaded are presumed to be true and accorded every favorable inference (Morone v Morone, 50 N.Y.2d 481, 484 [1980]), nevertheless, "allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicted by documentary evidence are not entitled to such consideration" (Roberts v Pollack,

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