Opinion
November 21, 1989
Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).
On a motion to dismiss for failure to state a cause of action, we must "draw all inferences favorable to the plaintiff" (Katz v American Tech. Indus., 96 A.D.2d 932, 933) and accord the challenged pleading a "liberal construction" (Alro Bldrs. Contrs. v Chicken Koop, 78 A.D.2d 512). The complaint alleges that, in 1985, the parties agreed each to invest $50,000 in a close corporation and to share profits. The plaintiff complains that he never received his stock and that defendant converted the plaintiff's contribution to the defendant's own use. We are satisfied that, accepting all of plaintiff's factual averments as true, the complaint states causes of action for declaratory relief and for an accounting.
Concur — Kupferman, J.P., Ross, Asch, Kassal and Smith, JJ.