Order unanimously reversed on the law with costs, motion denied and complaint reinstated.
Memorandum:
Accepting the allegations in plaintiffs' complaint and affidavits as true, as we must on a motion to dismiss the complaint (see, Fifty States Mgt. Corp. v Niagara Permanent Sav. & Loan Assn.,
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.