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CHERRY v. DUKE

2014-10456, Index No. 20232/13.

134 A.D.3d 662 (2015)

19 N.Y.S.3d 776

2015 NY Slip Op 08799

ARNOLD CHERRY, Respondent, v. PAUL O. DUKE et al., Individually and Doing Business as DUKE & GHATTAS ASSOCIATES, LLC, and Others, et al., Appellants, et al., Defendants.

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

Decided December 2, 2015.

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...

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