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KAMHI v. TAY

244 A.D.2d 266 (1997)

664 N.Y.S.2d 288

Randy Kamhi, Appellant, v. Steven I. Tay et al., Defendants, and Matthew E. Fink et al., Respondents

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

November 20, 1997

The complaint, replete with legal conclusions and devoid of any factual allegation of the underlying wrongful conduct for which plaintiff seeks to hold defendants vicariously liable, is not entitled to the benefit of the favorable inferences usually accorded on a preanswer motion to dismiss (see, Stuart Lipsky, P. C. v Price, 215 A.D.2d 102, 103).

Plaintiff's contention that defendant physicians had actual supervisory...

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