Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)

Citation: Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Parent Document: Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Jurisdiction: New York (state)
Effective Date: 2006-01-10
Original Source: https://www.courtlistener.com/opinion/5836114/edge-management-consulting-inc-v-blank/ ↗

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The Blank Trust did not specifically plead contractual indemnification as arising out of the alteration agreement, however, it did plead a claim of “contractual indemnification” against Irmas. Pleadings are afforded liberal treatment and this Court has repeatedly held that the focus is on whether the pleader has a cause of action, not whether it has properly stated one (Barrows v Rozansky, 111 AD2d 105, 107 [1985]). “Pleadings are entitled to a liberal construction and third-party complaints should withstand dismissal if there is any possibility of a recovery” (North Colonie Cent. School Dist. v MacFarland Constr. Co., 60 AD2d 685, 686 [1977]; and see 511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 151-152 [2002]).

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