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FISCHBACH & MOORE, INC. v. E.W. HOWELL CO., INC.

240 A.D.2d 157 (1997)

658 N.Y.S.2d 859

Fischbach & Moore, Inc., Respondent, v. E. W. Howell Co., Inc., et al., Appellants

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

June 3, 1997

On a CPLR 3211 (a) (7) motion, the court should accept each of the factual allegations of the complaint as true, sustain the pleading when a cause of action may be discerned, even if inartfully stated, and make no effort to evaluate the ultimate merits of the case (see, McGill v Parker, 179 A.D.2d 98, 105). A motion to dismiss a complaint can be granted pursuant to CPLR 3211 (a) (1) only if the movant presents documentary...

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