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RAMERICA INTERNATIONAL, INC. v. MIL-SPEC INDUSTRIES, CORP.

293 A.D.2d 420 (2002)

740 N.Y.S.2d 857

RAMERICA INTERNATIONAL, INC., Appellant, v. MIL-SPEC INDUSTRIES, CORP., Respondent.

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

Decided April 30, 2002.

It is well established that on a CPLR 3211 motion to dismiss, the pleadings are to be construed so as to give the plaintiff the benefit of every plausible favorable inference, the court's task being only to determine if the facts alleged comport with a cognizable legal theory (Leon v Martinez, 84 N.Y.2d 83, 87-88; Rovello v Orofino Realty Co., 40 N.Y.2d 633, 634), unless the essential facts...

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