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MARPLE v. SORG

230 A.D.2d 831 (1996)

646 N.Y.S.2d 630

James A. Marple et al., Respondents, v. William A. Sorg et al., Appellants

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

August 19, 1996

Ordered that the order is affirmed, with costs.

It is well settled that on a motion to dismiss the complaint for failure to state a cause of action under CPLR 3211 (a) (7), the complaint must be construed in a light most favorable to the plaintiff and all the factual allegations must be accepted as true (see, Guggenheimer v Ginzburg, 43 N.Y.2d 268; One Acre v Town of Hempstead, 215 A.D.2d 359...

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