Estate of Morgan v. Whitestown American Legion Post No. 1113

Appeal from an order of Supreme Court, Oneida County (Shaheen, J.), entered January 2, 2003, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Supreme Court erred in denying defendant’s motion to dismiss the complaint in this action arising out of the murder of decedent. Even accepting the facts as alleged in the complaint as true (see Leon v Martinez, 84 NY2d…