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MELISO v. PINTER

289 A.D.2d 462 (2001)

735 N.Y.S.2d 428

ROSE MELISO et al., Respondents, v. FRANKLIN PINTER et al., Appellants.

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

Decided December 24, 2001.

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

On a motion to dismiss pursuant to CPLR 3211, a court must accept as true the facts as alleged within the four corners of the complaint and accord the plaintiffs the benefit of every possible favorable inference to determine whether the allegations fit within any cognizable legal theory (see, Leon v Martinez, 84 N.Y.2d 83, 87; Guggenheimer v Ginzburg,...

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