M. SOBOL, INC. v. GOLDMAN


259 A.D.2d 526 (1999)

686 N.Y.S.2d 477

M. SOBOL, INC., Appellants, v. MARTIN GOLDMAN, Individually and Doing Business as JACOBSON'S DRUG & SURGICAL, Respondent, et al., Defendant.

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

Decided March 8, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

As a general rule pleadings should be liberally construed and a complaint should not be dismissed for failure to state a cause of action when a cause can be discerned in the facts alleged, no matter how poorly those facts are stated (see, Lapis Enters. v International Blimpie Corp., 84 A.D.2d 286, 292). The complaint...

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