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BLANK v. ESTATE OF BLANK

222 A.D.2d 851 (1995)

634 N.Y.S.2d 886

Bernard Blank, Respondent, v. Stephen P. Blank, Individually and as Executor of Leo Blank, Deceased, Appellant, et al., Defendants. (Action No. 1.) B.B.M. Realty Corporation, Respondent, v. Estate of Leo Blank, Appellant. (Action No. 2.)

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

December 14, 1995

White, J.

The principal issue on these appeals is whether the complaint in action No. 1, seeking a declaration of dissolution of a partnership and an accounting, is sufficient to withstand a motion to dismiss under CPLR 3211 (a) (7). On such a motion, we accept the facts as alleged in the complaint as true, accord plaintiff "the benefit of every possible favorable inference, and determine only whether the facts...

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