Filed: Dec. 02, 2015
Latest Update: Dec. 02, 2015
Summary: Ordered that the order is affirmed, with costs. On a CPLR 3211 (a) motion to dismiss, "affidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" ( Rovello v Orofino Realty Co., 40 N.Y.2d 633 , 635 [1976]; see AG Capital Funding Partners, L.P. v State St. Bank & Trust Co., 5 N.Y.3d 582 , 591 [2005]). Accepting as true the facts pleaded in the complaint, as amplified by the plaintiff's affidavit, and according the plaintiff "the benefit of every poss
Summary: Ordered that the order is affirmed, with costs. On a CPLR 3211 (a) motion to dismiss, "affidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" ( Rovello v Orofino Realty Co., 40 N.Y.2d 633 , 635 [1976]; see AG Capital Funding Partners, L.P. v State St. Bank & Trust Co., 5 N.Y.3d 582 , 591 [2005]). Accepting as true the facts pleaded in the complaint, as amplified by the plaintiff's affidavit, and according the plaintiff "the benefit of every possi..
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Ordered that the order is affirmed, with costs.
On a CPLR 3211 (a) motion to dismiss, "affidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" (Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635 [1976]; see AG Capital Funding Partners, L.P. v State St. Bank & Trust Co., 5 N.Y.3d 582, 591 [2005]).
Accepting as true the facts pleaded in the complaint, as amplified by the plaintiff's affidavit, and according the plaintiff "the benefit of every possible favorable inference" (Leon v Martinez, 84 N.Y.2d 83, 87 [1994]), we find that the Supreme Court properly denied the appellants' pre-answer motion pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them.
