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RIVIETZ v. WOLOHOJIAN

38 A.D.3d 301 (2007)

832 N.Y.S.2d 505

ZECHARIAH RIVIETZ et al., Appellants, v. MICHAEL WOLOHOJIAN, Respondent.

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

Decided March 13, 2007.

On a motion to dismiss for failure to state a cause of action, the complaint should be liberally construed, the facts presumed to be true, and the pleading accorded the benefit of every possible favorable inference (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 N.Y.2d 144, 151-152 [2002]). But where the legal conclusions and factual allegations are "flatly contradicted by documentary evidence," they are not presumed to be true...

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