Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMay 12, 1986
120 A.D.2d 578 (N.Y. App. Div. 1986)

May 12, 1986

Appeal from the Supreme Court, Kings County (Monteleone, J.).

Order affirmed insofar as appealed from, with costs.

When a motion to dismiss a complaint for failure to state a cause of action is made, it must be determined whether, assuming the accuracy of the allegations of fact in the papers, there is some basis to award legal redress. assuming the truth of the plaintiffs' allegations, their pleadings state a wrong for which there is a remedy. Further, summary judgment would be inappropriate at this point. Accordingly, Special Term correctly denied the defendant's motion. Gibbons, J.P., Thompson, Niehoff and Rubin, JJ., concur.