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ESTATE OF SPITZ v. POKOIK

1987, 109854/08.

78 A.D.3d 402 (2010)

910 N.Y.S.2d 67

ESTATE OF SAUL SPITZ, Deceased, et al., Appellants, v. GARY POKOIK et al., Respondents, et al., Defendant.

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

Decided November 4, 2010.

Affording the complaint a liberal construction, accepting the facts alleged therein as true, according plaintiff estate the benefit of every possible favorable inference, and determining that the facts alleged fit within a cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), dismissal of the fourth cause of action nonetheless was proper. Defendants' written offer stated that plaintiff's decedent Saul Spitz...

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