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AMARO v. GANI REALTY CORPORATION

60 A.D.3d 491 (2009)

876 N.Y.S.2d 1

NATALIA AMARO, an Infant, by Her Mother and Natural Guardian, FRANCISCA ALMAZAN, Respondent, v. GANI REALTY CORPORATION et al., Appellants, et al., Defendants.

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

Decided March 17, 2009.

On a motion to dismiss pursuant to CPLR 3211, the pleading is to be afforded a liberal construction (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). The court must accept the facts alleged in the complaint as true and accord the plaintiffs the benefit of every possible favorable inference (Leon v Martinez, 84 NY2d at 87). Under CPLR 3211 (a) (1), a dismissal is warranted only if the documentary evidence submitted conclusively...

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