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STERLING FIFTH ASSOCIATES v. CARPENTILLE CORPORATION, INC.

9 A.D.3d 261 (2004)

779 N.Y.S.2d 485

STERLING FIFTH ASSOCIATES, Appellant-Respondent, v. CARPENTILLE CORPORATION, INC., Respondent, and LODINA CORPORATION N.V., Respondent-Appellant. (And a Third-Party Action.)

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

July 1, 2004.

On a motion to dismiss pursuant to CPLR 3211 (a) (7), where the task is to determine whether the pleadings state a cause of action, the complaint must be liberally construed, the allegations must be taken as true, and all reasonable inferences must be resolved in favor of the plaintiff (see Cron v Hargro Fabrics, 91 N.Y.2d 362, 366 [1998]). However, on a motion to dismiss pursuant to CPLR 3211 (a) (1), where allegations are contradicted...

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