CompFox AI Summary
The Special Term erred in granting the defendant's motion to dismiss the complaint under CPLR 3211 (a)(7). A complaint should not be dismissed on a pleading motion if a cause of action is stated when given every possible favorable inference, as per Rovello v Orofino Realty Co. and Guggenheimer v Ginzburg. Therefore, the order from Supreme Court, Erie County, presided over by J. Ostrowski, is reversed, and the motion is denied.
Eckert v. Columbus McKinnon Corp. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The Special Term erred in granting the defendant's motion to dismiss the complaint under CPLR 3211 (a)(7). A complaint should not be dismissed on a pleading motion if a cause of action is stated when given every possible favorable inference, as per Rovello v Orofino Realty Co. and Guggenheimer v Ginzburg. Therefore, the order from Supreme Court, Erie County, presided over by J. Ostrowski, is reversed, and the motion is denied.
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