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145 KISCO AVE. CORP. v. DUFNER ENTERS., INC.

198 A.D.2d 482 (1993)

604 N.Y.S.2d 963

145 Kisco Ave. Corp. et al., Respondents, v. Dufner Enterprises, Inc., Appellant, et al., Defendants. (And Third-Party Actions.)

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

November 29, 1993

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

It is well settled that when a motion to dismiss for failure to state a cause of action attacks the pleading on its face, the allegations of the pleading are deemed to be true, and the pleader is entitled to every favorable inference that might be drawn therefrom (see, Rovello v Orofino Realty Co., 40 N.Y.2d 633; Toma v Charbonneau,

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