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WILLIAMS v. ALIANO

246 A.D.2d 592 (1998)

668 N.Y.S.2d 225

Thomas A. Williams, Respondent, v. Richard A. Aliano et al., Appellants

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

January 20, 1998

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

The Supreme Court properly dismissed the defendants' sixth counterclaim, which seeks damages for tortious interference with an employment relationship. It is well settled that on a motion to dismiss pursuant to CPLR 3211 (a) (7), the question is not whether the party pleading the claim will ultimately prevail, but whether the claim states a cause of action (see, S.A.E. Motor Parts Co...

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