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WALLICE v. WATERPOINTE AT OAKDALE SHORES, INC.

222 A.D.2d 578 (1995)

636 N.Y.S.2d 645

John Wallice, Respondent, v. Waterpointe at Oakdale Shores, Inc., Defendant, and Fleet Bank, Appellant

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

December 18, 1995

Ordered that the order is affirmed, with costs.

In considering a motion to dismiss pursuant to CPLR 3211 (a) (7) the court must accept the plaintiff's allegations as true and must "resolve all inferences which reasonably flow therefrom in favor of the pleader" (Sanders v Winship, 57 N.Y.2d 391, 394; see also, Leon v Martinez, 84 N.Y.2d 83, 87; Guggenheimer v Ginzburg

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