Clifford v. Montana Mills Bread Co.

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff commenced this action seeking reformation of the rent provision of a commercial lease agreement. Supreme Court erred in granting defendants’ motion to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7). On the motion to dismiss the complaint, “plaintiff is benefitted by the rule that every favorable inference must be afforded the facts alleged in the complaint and in the various motion papers submitted by him” (Held v Kaufman, 91 NY2d 425,…