GABRIEL v. THERAPISTS UNLIMITED


218 A.D.2d 614 (1995)

631 N.Y.S.2d 34

Cheryl Gabriel et al., Appellants, v. Therapists Unlimited, L. P., Respondent

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

August 31, 1995


The well-known standard which applies in assessing the sufficiency of a complaint was reiterated a year ago by the Court of Appeals in Leon v Martinez (84 N.Y.2d 83, 87-88): "On a motion to dismiss pursuant to CPLR 3211, the pleading is to be afforded a liberal construction (see, CPLR 3026). We accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of...

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