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Mastrocola v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 684 (N.Y. App. Div. 1998)

Opinion

March 30, 1998

Appeal from the Supreme Court, Nassau County (Feuerstein, J.).


Ordered that the order is affirmed, with costs.

"[T]he sole criterion [when considering a motion to dismiss for failure to state a cause of action] is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law" (Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275). The pleadings must be liberally construed, and the facts pleaded are presumed to be true and are accorded every favorable inference (see, Doria v. Masucci, 230 A.D.2d 764, 765). Under the circumstances of this case, the plaintiff has sufficiently pleaded a cause of action against the Village of Lake Success and the Police Department of the Village of Lake Success (see, Anderson v. Muniz, 125 A.D.2d 281, 283).

Bracken, J. P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

Mastrocola v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 684 (N.Y. App. Div. 1998)
Case details for

Mastrocola v. County of Nassau

Case Details

Full title:TINA MASTROCOLA et al., Respondents, v. COUNTY OF NASSAU et al.…

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

Date published: Mar 30, 1998

Citations

248 A.D.2d 684 (N.Y. App. Div. 1998)
671 N.Y.S.2d 278

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