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SCHWARTZ v. SCHWARTZ

55 A.D.3d 897 (2008)

866 N.Y.S.2d 573

LISA SCHWARTZ, Respondent, v. HAROLD SCHWARTZ, Defendant, and SCHWARTZ BROTHERS YERUSHA, LLC, Appellant.

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

October 28, 2008.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the allegations in the complaint should be accepted as true (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). Such a motion should be granted only where, even viewing the allegations as true, the plaintiff still cannot establish...

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