DELRAN v. PRADA USA CORP.


23 A.D.3d 308 (2005)

804 N.Y.S.2d 243

CAROLINE DELRAN, Appellant, v. PRADA USA CORP., Respondent.

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

November 29, 2005.


While it is true that in considering a motion to dismiss brought pursuant to CPLR 3211 (a) (7), the court must presume the facts pleaded to be true and must accord them every favorable inference (Cron v Hargro Fabrics, 91 N.Y.2d 362, 366 [1998]; Hispanic AIDS Forum v Estate of Bruno, 16 A.D.3d 294, 295 [2005]), factual allegations that do not set forth a viable cause of action, or that consist...

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