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CREMOSA FOOD COMPANY, LLC v. AMELLA

2014-07220

130 A.D.3d 559 (2015)

12 N.Y.S.3d 293

2015 NY Slip Op 05633

CREMOSA FOOD COMPANY, LLC, Appellant-Respondent, v. JOSEPH V. AMELLA, Doing Business as TORCELLO'S RESTAURANT, Respondent-Appellant.

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

Decided July 1, 2015.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant.

On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference...

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