GORELIK v. MOUNT SINAI HOSPITAL CENTER


19 A.D.3d 319 (2005)

797 N.Y.S.2d 497

LYUBOV Y. GORELIK, Respondent, v. MOUNT SINAI HOSPITAL CENTER et al., Appellants.

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

June 30, 2005.


It is settled that on a pre-answer motion to dismiss brought pursuant to CPLR 3211 (a) (7), the complaint must be liberally construed, the allegations therein taken as true, and all reasonable inferences must be resolved in plaintiff's favor (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 N.Y.2d 144, 151-152 [2002]; Cron v Hargro Fabrics, 91 N.Y.2d 362, 366 [1998]). Moreover, the motion...

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