Najjar v. Roland International Corp.

BROWN, Vice Chancellor.

Defendants have moved to dismiss the complaint in this suit for failure to state a cause of action. Alternatively, as I view it, they have moved for summary judgment based upon a supporting factual affidavit. By agreement of counsel, this ruling deals only with the motion to dismiss, the consideration of which requires that the well-pleaded allegations of the complaint must be accepted as true for this limited purpose. Danby v. Osteopathic Hospital Ass’n of Delaware, Del.Ch., 101 A.2d 308 (1953), aff’d, Del.Supr., 104 A.2d 903 (1954).

The motion to dismiss is either…