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SOKOL v. LEADER

2010-01522.

74 A.D.3d 1180 (2010)

904 N.Y.S.2d 153

HOWARD SOKOL, Respondent, v. MICKI LEADER, Appellant.

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

Decided June 22, 2010.

Ordered that the order is affirmed, with costs.

When a party moves to dismiss a complaint pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action (see Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]; Foley v D'Agostino, 21 A.D.2d 60

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