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.