Friedman v. Friedman

Full title: FRANCES S. FRIEDMAN, Appellant, v. HOWARD J. FRIEDMAN et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 21, 1988

141 A.D.2d 401 (N.Y. App. Div. 1988)

Opinion

June 21, 1988

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).

In determining a motion to dismiss for failure to state a cause of action, the court must liberally construe the pleadings most favorably to the plaintiff (Cohn v Lionel Corp., 21 N.Y.2d 559, 562), and examine whether the plaintiff has a cause of action, not simply whether one has been properly stated. (Rovello v Orofino Realty Co., 40 N.Y.2d 633, 636.)

Applying these standards to the within complaint, we are satisfied that a cause of action for fraud is sufficiently stated.

Concur — Milonas, J.P., Kassal, Rosenberger, Wallach and Smith, JJ.