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COMMISSIONERS OF THE STATE INSURANCE FUND v. WOJCIECH PERKOWSKI, INC.

291 A.D.2d 219 (2002)

737 N.Y.S.2d 280

COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. WOJCIECH PERKOWSKI, INC., Appellant, et al., Defendants.

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

Decided February 5, 2002.

Based on the allegations in the complaint, which must be taken as true on a motion to dismiss for failure to state a cause of action (see, Cron v Hargro Fabrics, 91 N.Y.2d 362, 366), and the affidavits properly submitted by plaintiff in opposition to the motion to dismiss (see, Mulder v Donaldson, Lufkin & Jenrette, 208 A.D.2d 301, 307), plaintiff's fourth cause of action sufficiently...

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