What is the test for a motion to dismiss for failure to establish a prima facie case?
"New York", United States of America
The following excerpt is from In the Matter of Tyreek B., 2003 NY Slip Op 23926 (NY 4/28/2004), 2003 NY Slip Op 23926 (N.Y. 2004):
"In determining a motion to dismiss for failure to establish a prima facie case, the evidence must be accepted as true and given the benefit of every reasonable inference which may be drawn therefrom. The question of credibility is irrelevant, and should not be considered." (Gonzalez v. Gonzalez, 262 AD2d 281, 282 [2d Dept 1999] [citations omitted].)
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