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L. MAGARIAN & CO., INC. v. TIMBERLAND CO.

245 A.D.2d 69 (1997)

665 N.Y.S.2d 413

L. Magarian & Co., Inc., Doing Business as Broadway's, Respondent, v. Timberland Company, Appellant

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

December 9, 1997

Despite the strong presumptions favoring the complaint on a CPLR 3211 (a) (7) motion, such as that the court must accept each factual allegation as true and make no effort to evaluate the ultimate merits of the case (219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506, 509); that the complaint should be liberally construed in favor of the non-moving party (Metropolitan Transp. Auth. v Triumph Adv. Prods.,

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