Montrallo v. Fritz

— Order, insofar as appealed from, unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: On a motion by defendant Barnes to dismiss plaintiff’s complaint for failure to state a cause of action, the allegations of the complaint are deemed true and plaintiff must be given the benefit of every favorable inference to be drawn therefrom (see, Siegel, NY Prac § 265 [2d ed]). Thus viewed, plaintiff’s complaint adequately sets forth a cause of action for unfair competition against defendant Barnes based upon the alleged misappropriation of plaintiff’s…