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STEINBERG v. PERGAMENT SCARSDALE, INC.

57 A.D.2d 589 (1977)

Arthur Steinberg et al., Doing Business as Greenville Shopping Center, Respondents, v. Pergament Scarsdale, Inc., et al., Appellants, et al., Defendant

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

April 18, 1977

Order affirmed, with $50 costs and disbursements.

We agree with Special Term that, giving plaintiffs-respondents the benefit of every possible favorable inference, on a motion addressed to the pleadings, a cause of action exists requiring a trial. The motion to dismiss was properly denied (cf. Rovello v Orofino Realty Co., 40 N.Y.2d 633

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