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ABNEY v. LUNSFORD

254 A.D.2d 318 (1998)

678 N.Y.S.2d 292

Toniqua Abney, an Infant, by Her Mother and Natural Guardian, Denise Abney, et al., Respondents, v. George Lunsford, Appellant

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

October 13, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon a motion to dismiss a defense, the defendant is entitled to the benefit of every reasonable intendment of the pleading, which is to be liberally construed (see, Becker v Elm Air Conditioning Corp., 143 A.D.2d 965). If there is any doubt as to the availability of a defense, it should not be dismissed (see, Becker v Elm Air Conditioning...

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