MATTER OF STEPHENS v. STEPHENS

2012-04516.

106 A.D.3d 748 (2013)

964 N.Y.S.2d 912

2013 NY Slip Op 3102

In the Matter of CLEMENSTON STEPHENS, Appellant, v. CLAUDE STEPHENS, Respondent.

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

Decided May 1, 2013.


Ordered that the order is affirmed, without costs or disbursements.

"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 which may be drawn therefrom. The question of credibility is irrelevant, and should not be considered" (Gonzalez v Gonzalez, 262 A.D.2d 281, 282 [1999] [citations omitted]; see Matter...

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