It is axiomatic that on a motion to dismiss the complaint for failure to state a cause of action (CPLR 3211 [a] [7]), the court is required to view every allegation of the complaint as true and resolve all inferences in favor of the plaintiff regardless of whether the plaintiff will ultimately prevail on the merits (see generally, Guggenheimer v Ginzburg,
Here, the cause of action arises from the...
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