MATTER OF JANICE M. v. TERRANCE J.

7885.

96 A.D.3d 482 (2012)

945 N.Y.S.2d 693

2012 NY Slip Op 4413

In the Matter of JANICE M., Appellant, v. TERRANCE J., Respondent.

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

June 7, 2012.


In determining a motion to dismiss for failure to establish a prima facie case, the evidence must be accepted as true and given the benefit of every reasonable inference that may be drawn therefrom. The issue of credibility is irrelevant and should not be considered (Matter of Mamantov v Mamantov, 86 A.D.3d 540, 541 [2011], lv denied 17 N.Y.3d 715 [2011]; Matter of Ramroop v Ramsagar...

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