LaVigne v. Feinbloom

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion to dismiss the complaint. We reject defendants’ contention that Business Corporation Law § 630 (a) does not apply. On a motion to dismiss, the allegations in the complaint must be deemed true, and plaintiffs must be afforded all favorable inferences that may be drawn from the complaint (see, Underpinning & Found. Constructors v Chase Manhattan Bank, 46 NY2d 459, 462). In December 1989 Health Information Technologies, Inc. filed a certificate of incorporation in New York State, and in May…