BONNIE & COMPANY FASHIONS, INC. v. BANKERS TRUST COMPANY


262 A.D.2d 188 (1999)

693 N.Y.S.2d 19

BONNIE & COMPANY FASHIONS, INC., et al., Appellants, v. BANKERS TRUST COMPANY, Respondent.

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

Decided June 22, 1999.


The IAS Court erred in its dismissal of plaintiffs' first, second and fourth causes of action. On a pre-answer motion to dismiss pursuant to CPLR 3211 (a) (1), a dismissal is proper only when the documentary evidence submitted establishes a defense to the asserted claims as a matter of law (Leon v Martinez, 84 N.Y.2d 83, 88). The opposing party needs only to assert facts which "fit within any cognizable legal theory" (Leon v Martinez...

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