WARWICK v. CRUZ


270 A.D.2d 255 (2000)

704 N.Y.S.2d 849

TARA WARWICK et al., Respondents, v. OCTAVIO CRUZ, Defendant, and CHASE MANHATTAN BANK, Appellant.

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

Decided March 6, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was to dismiss the appellant's fourth and sixth affirmative defenses is denied.

Upon a motion to dismiss a defense, a defendant is entitled to the benefit of every reasonable intendment of the pleading, which is to be liberally construed (see, Abney v Lunsford, 254 A.D.2d 318). If there is any...

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