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WINE CELLARS, LTD. v. AUSTIN NICHOLS & CO., INC.

167 A.D.2d 466 (1990)

Wine Cellars, Ltd., Respondent, v. Austin Nichols & Co., Inc., Appellant, et al., Defendant

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

November 19, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

Assuming the factual allegations of the complaint to be true for the purposes of this motion (see, 219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506; Kushner v King, 126 A.D.2d 466), and being mindful of the liberal construction to be afforded pleadings (see, CPLR 3026), we conclude that the...

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