Opinion
No. 4320.
October 21, 2008.
Order, Supreme Court, New York County (Louis B. York, J.), entered April 13, 2007, which, to the extent appealed from, granted defendant's motion to dismiss the first cause of action, unanimously reversed, on the law, without costs, the motion denied and the first cause of action reinstated.
Before: Mazzarelli, J.P., Catterson, McGuire, Acosta and Renwick, JJ.
Plaintiffs' allegations are not "inherently incredible" and thus do not warrant dismissal at the pleading stage.
[ See 2007 NY Slip Op 30695(U).]