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FIRST BANK RICHMOND, S.B. v. BLUE CHIP CAPITAL CORPORATION

278 A.D.2d 362 (2000)

718 N.Y.S.2d 609

FIRST BANK RICHMOND, S.B., Doing Business as FIRST FEDERAL LEASING, Appellant, v. BLUE CHIP CAPITAL CORPORATION, Respondent.

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

Decided December 18, 2000.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff seeks to recover damages for breach of contract based on an alleged misrepresentation by the defendant of an underlying lease.

To determine a motion to dismiss a complaint for failure to state a cause of action, the court must accept the allegations of the complaint as true, and must give them the benefit of every favorable inference (see, Cron v Hargro Fabrics,

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