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LOVISA CONSTR. CO., INC. v. METRO. TRANSP. AUTH.

198 A.D.2d 333 (1993)

603 N.Y.S.2d 886

Lovisa Construction Co., Inc., Appellant, v. Metropolitan Transportation Authority et al., Defendants, and Chemical Securities, Inc., et al., Respondents

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

November 15, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

A complaint is subject to dismissal pursuant to CPLR 3211 (a) (7) when the pleading is comprised of little more than bare legal conclusions and factual claims which are either inherently incredible or flatly contradicted by documentary evidence (see, Gertler v Goodgold, 66 N.Y.2d 946, affg 107 A.D.2d 481

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