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MASTROCOLA v. COUNTY OF NASSAU

248 A.D.2d 684 (1998)

671 N.Y.S.2d 278

Tina Mastrocola et al., Respondents, v. County of Nassau et al., Defendants, and Village of Lake Success et al., Appellants

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

March 30, 1998

Ordered that the order is affirmed, with costs.

"[T]he sole criterion [when considering a motion to dismiss for failure to state a cause of action] is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law" (Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275). The pleadings must be liberally construed, and the...

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