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GUTIERREZ v. BERNARD

27 A.D.3d 377 (2006)

814 N.Y.S.2d 90

RAFAEL DIAZ GUTIERREZ, Appellant, v. L. RAUL BERNARD, Also Known as LUIS R. BERNARD, Also Known as LUIS RAUL BERNARD, et al., Respondents, et al., Defendant.

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

March 28, 2006.

The motion court erred in dismissing the claims at issue. Upon review, the factual allegations presumed to be true, the pleader given the benefit of every favorable inference that can be drawn from the pleading, and supporting affidavits and documentary evidence considered for the limited purpose of determining whether plaintiffs have a cause of action (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Wall St. Assoc. v Brodsky...

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