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GOLDIN v. TAG VIRGIN ISLANDS, INC.

3408, 651021/13.

149 A.D.3d 467 (2017)

2017 NY Slip Op 02751

53 N.Y.S.3d 258

STEVEN GOLDIN, as Co-Executor of BERNICE GOLDIN, On Behalf of and as Beneficiary of BERNICE GOLDIN'S IRA, and Co-Trustee of the PAUL GOLDIN MARITAL TRUST B, et al., Appellants, v. TAG VIRGIN ISLANDS, INC., Formerly Known as TAURUS ADVISORY GROUP, INC., Defendant, and JAMES S. TAGLIAFERRI et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 11, 2017.

In light of the principles that, on a motion to dismiss pursuant to CPLR 3211, the facts alleged in the complaint must be accepted as true and the plaintiff afforded every favorable inference and that, in the absence of a conclusive document, neither the lack of evidentiary submissions to support the plaintiff's claims nor the defendant's denials are dispositive (see Leon v Martinez, 84 N.Y.2d 83 [1994]), the motion court erred in...

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