(DOWNLOAD) "Mary E. Lupinski v. Village Ilion" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Mary E. Lupinski v. Village Ilion
- Author : Supreme Court of New York
- Release Date : January 14, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[59 A.D.2d 1050 Page 1050] Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendant village appeals from an order denying a motion by it to dismiss the complaint for failure to state a cause of action. On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (subd [a], par 7) a liberal construction is applied in testing the adequacy of the pleading (see, e.g., Coutu v Otis Elevator Co., 58 A.D.2d 131). Accordingly, all of the factual allegations in the complaint must be assumed to be true (Brady & Co. v Concrete Plank Co., 56 A.D.2d 591) and the pleading is deemed to allege whatever cause of action can be implied from its statement by fair and reasonable intendment (see Paul v Hogan, 56 A.D.2d 723). Where a complaint, however, sets forth a cause of action for breach of contract, the provisions of the contract upon which the claim is based must be alleged [59 A.D.2d 1050 Page 1051]