New York State Society of Professional Engineers, Inc. v. Department of State

The respondents move to dismiss the petition upon the ground that it does not state facts sufficient to entitle the petitioner to relief. Upon this motion all of the facts pleaded in the petition must be treated as true and the pleading is entitled to every favorable inference and intendment in its construction. Accordingly, the Human Engineering Laboratory, Inc., is not a non-profit membership corporation composed exclusively of professional engineers. Notwithstanding this fact the certificate has been filed by the respondents. For the purpose of this motion it must be said that the…