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CANIGLIA v. CHICAGO TRIBUNE-NEW YORK NEWS SYNDICATE INC.

204 A.D.2d 233 (1994)

612 N.Y.S.2d 146

Paul J. Caniglia et al., Appellants, v. Chicago Tribune-New York News Syndicate Inc. et al., Respondents, et al., Defendant

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

May 26, 1994

On a motion addressed to the sufficiency of a complaint pursuant to CPLR 3211 (a) (7), the facts pleaded are presumed to be true and are accorded every favorable inference. However, allegations consisting of bare legal conclusions, as well as factual claims inherently incredible or flatly contradicted by documentary evidence are not entitled to such consideration (see, Mark Hampton, Inc. v Bergreen,

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