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MULDER v. DONALDSON, LUFKIN

208 A.D.2d 301 (1995)

Joseph M. Mulder, Respondent-Appellant, v. Donaldson, Lufkin & Jenrette, Appellant-Respondent, and Robert Albano, Respondent

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

March 7, 1995

Attorney(s) appearing for the Case

Leslie Trager of counsel, New York City (Morely & Trager, attorneys), for respondent-appellant.

D. Scott Wise of counsel, New York City (Stephen D. Hibbard, Deborah A. Torrisi and Rita M. Costabile on the brief; Davis Polk & Wardwell, attorneys), for appellant-respondent.

ELLERIN, J. P., WALLACH and NARDELLI, JJ., concur.

ASCH, J.

The facts set forth herein are taken from the plaintiff's complaint. Since we are dealing with an appeal from an order granting, in part, and denying, in part, a motion to dismiss that complaint for failure to state a cause of action, we must assume for the purposes of this appeal that all of these facts are true, and resolve all inferences reasonably flowing from them in favor of the plaintiff (

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