In considering the motion, the facts pleaded are presumed to be true and given every favorable inference. However, bare legal conclusions and factual claims that are either inherently incredible or flatly contradicted by documentary evidence are not entitled to such consideration. Here, the defendant-hospital cannot be liable under a malpractice theory, as there is no physician-patient relationship between it and the decedent.
Yovich v. Monefiore Nyack Hosp., NY Slip Op 00047 (1st Dep't January 5, 2023)
