Kalmanoff v. Weitz

HATHAWAY, Chief Judge.

The appellant seeks review of an order dismissing his complaint in a civil action instituted by him to establish an equitable lien upon real property owned by the appellees. The appellees responded to the complaint by a motion to dismiss for failure to state a claim for relief, the motion was granted and an order of dismissal entered in accordance therewith.

It is well settled that a motion to dismiss a complaint for failure to state a claim for relief admits the truth of the facts alleged in the complaint, for purposes of the motion. Blecick v. School District No. 18 of…