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WALL STREET ASSOCIATES v. BRODSKY

257 A.D.2d 526 (1999)

684 N.Y.S.2d 244

WALL STREET ASSOCIATES, Appellant, v. EDWARD BRODSKY et al., Respondents.

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

Decided January 28, 1999.

In the context of a CPLR 3211 motion to dismiss, where we must take the factual allegations of the complaint as true, consider the affidavits submitted on the motion only for the limited purpose of determining whether the plaintiff has stated a claim, not whether he has one and, in the absence of proof that an alleged material fact is untrue or beyond significant dispute, must not dismiss the complaint (Guggenheimer v Ginzburg...

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