Romano v. Sacknoff

The plaintiff appeals from a judgment of the Superior Court dismissing his action for failure to state a claim upon which relief can be granted. Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). A motion under Rule 12(b) (6) should not be allowed “unless it appears to a certainty that [the claiming pleader] is entitled to no relief under any state of facts which could be proved in support of the claim” (empha*863sis deleted). 2A Moore, Federal Practice 2274 (2d ed. 1975). Cf. Conley v. Gibson, 355 U. S. 41, 45-46 (1957). See Charbonnier v. Amico, 367 Mass. 146, 154, n.14 (1975). 1. For the purpose of…