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TKO FLEET ENTERPRISES, INC. v. ELITE LIMOUSINE PLUS, INC.

286 A.D.2d 436 (2001)

729 N.Y.S.2d 193

TKO FLEET ENTERPRISES, INC., Respondent, v. ELITE LIMOUSINE PLUS, INC., et al., Appellants.

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

Decided August 20, 2001.

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

The Supreme Court properly denied that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint. "[O]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the complaint and according the plaintiff the benefits of all favorable inferences which may be drawn therefrom, the plaintiff...

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