Graham, Campaign P.C. v Fareed
2008 NY Slip Op 07962 [55 AD3d 405]
October 21, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Graham, Campaign P.C. et al., Appellants,
v
Cynthia Fareed, Respondent.

—[*1] Susan E. Esterhay, New York (David Arens of counsel), for appellants.

Morelli Ratner, P.C., New York (Scott J. Kreppein of counsel), for respondent.

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.

Plaintiffs' allegations are not "inherently incredible" and thus do not warrant dismissal at the pleading stage. Concur—Mazzarelli, J.P., Catterson, McGuire, Acosta and Renwick, JJ. [See 2007 NY Slip Op 30695(U).]