BUTLER v. MAGNET SPORTS & ENTERTAINMENT LOUNGE, INC.

2014-11432, Index No. 5284/12.

135 A.D.3d 680 (2016)

23 N.Y.S.3d 299

2016 NY Slip Op 00143

MELANIE BUTLER, Respondent, v. MAGNET SPORTS & ENTERTAINMENT LOUNGE, INC., Doing Business as MAGNET SPORTS & ENTERTAINMENT LOUNGE and Another, Defendant, and MORAIS DICKS, Appellant.

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

Decided January 13, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

"When a party moves to dismiss a complaint pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action. In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable...

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