People ex rel. Bennett v. Laman

We are confined on this motion to the allegations of the complaint. The sole question to be considered is whether the allegations of the complaint state facts sufficient to constitute a cause of action. The allegations are to be taken as admitted. (Baumann v. Baumann, 222 App. Div. 460; Tracey v. Sullivan, 131 Misc. 553.)

Liberal construction is to be given to the complaint. (Bown v. Ramsdell, 227 App. Div. 224.) Every intendment and fair inference must be drawn in favor of the pleading. If the plaintiffs are entitled to recover on any theory on the facts set forth in the complaint, the motion…