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WILSON v. HOCHBERG

245 A.D.2d 116 (1997)

665 N.Y.S.2d 653

E. Anthony Wilson et al., Appellants, v. Herbert L. Hochberg et al., Respondents

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

December 16, 1997

Although on a motion addressed to the sufficiency of a complaint, the facts pleaded are presumed to be true and accorded every favorable inference, nevertheless, allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicted by documentary evidence, are not entitled to such consideration (Kliebert v McKoan, 228 A.D.2d 232, lv denied 89 N.Y.2d 802). Here, plaintiffs...

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