HLAVATY v. SAN FILIPPO


34 A.D.3d 738 (2006)

826 N.Y.S.2d 99

MICHAEL HLAVATY et al., Appellants, v. JOHN SAN FILIPPO, Respondent.

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

Decided November 28, 2006.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and 3212 is denied.

The Supreme Court erred in dismissing the second cause of action, which alleged an intentional tort, pursuant to CPLR 3211 (a) (7). Assuming the truth of the pertinent allegations, and giving the plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 N.Y.2d 83...

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