(DOWNLOAD) "Paul J. Caniglia v. Chicago Tribune-New York News Syndicate Inc." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Paul J. Caniglia v. Chicago Tribune-New York News Syndicate Inc.
- Author : Supreme Court of New York
- Release Date : January 26, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Order, Supreme Court, New York County (Beverly Cohen, J.), entered April 15, 1993, which granted the defendants' motion pursuant
to CPLR 3211(a)(7) and 3016(b) to dismiss, with prejudice, the first and second causes of action of the plaintiffs' complaint,
unanimously affirmed, without costs. On a motion addressed to the sufficiency of a complaint pursuant to CPLR § 3211(a)(7) the facts pleaded are presumed to be
true and are accorded every favorable inference. However, allegations consisting of bare legal conclusions, as well as factual
claims inherently incredible or flatly contradicted by documentary evidence are not entitled to such consideration (see, Mark
Hampton, Inc. v. Bergreen, 173 A.D.2d 220, 570 N.Y.S.2d 931).