Ordered that the judgment is reversed, on the law, with costs, the order dated January 11, 1999, is vacated, the motions are denied, and the complaint is reinstated.
On a motion to dismiss a pleading for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the pleading is to be liberally construed. All of the facts alleged therein are to be accepted as true and accorded the benefit of every possible favorable inference to determine whether they fit within...
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