BUTLER v. HELMSLEY-SPEAR, INC.


198 A.D.2d 131 (1993)

604 N.Y.S.2d 51

Ronald Butler et al., Appellants, v. Helmsley-Spear, Incorporated, et al., Respondents. (And a Third-Party Action.)

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

November 18, 1993


Defendants seek dismissal of plaintiff Wheeler's complaint on the ground that she sustained no injury and, thus, that the complaint states no cause of action upon which relief may be predicated. Because the sufficiency of the pleadings is attacked, the allegations contained in the complaint, as supplemented by plaintiff's affidavit and bill of particulars, "must be given their most favorable intendment" (Arrington v New York Times Co., 55 N.Y.2d 433...

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