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ROTANELLI v. MADDEN

172 A.D.2d 815 (1991)

Mario T. Rotanelli, as Shareholder Trustee of The Shareholders of Rotanelli Foods, Inc., Respondent, v. John G. Madden et al., Appellants

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

April 29, 1991

Ordered that the order is reversed, on the law, without costs or disbursements, the motions are granted, and the amended complaint is dismissed.

We are cognizant of the general rule that on a motion to dismiss a complaint for failure to state a cause of action under CPLR 3211 (a) (7), the complaint must be construed in the light most favorable to the plaintiff and all factual allegations must be accepted as true (see...

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