Hedges v. East River Plaza, LLC

126 A.D.3d 582, 3 N.Y.S.3d 587, 2015 NY Slip Op 02219, 2015 N.Y. App. Div. LEXIS 2240

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 19, 2015
• Docket: 14575 101854/12
• Status: Published

Opinion

Order, Supreme Court, New York County (Lucy Billings, J.), entered July 31, 2013, which, to the extent appealed from as limited by the briefs, denied the motion of defendant Bob’s Discount Furniture of NY, LLC (Bob’s) to dismiss the complaint and all cross claims as against it, unanimously affirmed, without costs.

At this stage, affording the pleadings a liberal construction, accepting as true the facts alleged in the complaint and submissions in opposition to the motion, and according plaintiffs the benefit of all available inferences (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the complaint set forth a cause of action against Bob’s for negligence.

We have considered Bob’s remaining arguments and find them unavailing.

Concur — Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.