RESIDENCE ON MADISON CONDOMINIUM v. W.T. GALLAGHER & ASSOCIATES, INC.


271 A.D.2d 209 (2000)

706 N.Y.S.2d 325

RESIDENCE ON MADISON CONDOMINIUM, Respondent, v. W.T. GALLAGHER & ASSOCIATES, INC., et al., Appellants, et al., Defendant.

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

Decided April 4, 2000.


Taking the allegations of the complaint as true and resolving all inferences reasonably flowing from those allegations in the pleader's favor, as we must on a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (see, Cron v Hargro Fabrics, 91 N.Y.2d 362, 366), we conclude, as did the motion court, that plaintiff's second and third causes of action for fraudulent...

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