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TEPPER v. BOTEIN

270 A.D.2d 53 (2000)

704 N.Y.S.2d 814

MARVIN B. TEPPER, Appellant, v. BOTEIN, HAYS & SKLAR et al., Respondents, et al., Defendants.

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

Decided March 9, 2000.

Assuming the truth of the complaint's allegations and resolving all inferences which reasonably flow therefrom in plaintiff's favor (see, Sanders v Winship, 57 N.Y.2d 391), the court properly dismissed the complaint for failure to state a cause of action since the complaint fails sufficiently to allege that the legal fees incurred by plaintiff resulted from the ordinary and proper conduct of the partnership's business or from the...

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