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U.S. ICE CREAM CORP. v. BIZAR

240 A.D.2d 654 (1997)

659 N.Y.S.2d 492

U.S. Ice Cream Corp. et al., Respondents, v. Irving Bizar et al., Appellants

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

June 23, 1997

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

On a motion to dismiss a complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the pleadings are to be liberally construed, accepting all the facts alleged in the complaint to be true and according the plaintiffs the benefit of every possible inference (see, Leon v Martinez, 84 N.Y.2d 83

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