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LIPSKY v. PRICE

215 A.D.2d 102 (1995)

625 N.Y.S.2d 563

Stuart Lipsky, P. C., Plaintiff, and Nouveau Enterprises, Ltd., Appellant, v. Todd A. Price, Respondent

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

May 2, 1995

Although 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 accorded every favorable inference, allegations consisting of bare legal conclusions as well as factual claims either inherently or flatly contradicted by the documentary evidence are not entitled to such consideration (Mark Hampton, Inc. v Bergreen, 173 A.D.2d 220...

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