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PALAZZOLO v. FEINSTEIN

298 A.D.2d 372 (2002)

751 N.Y.S.2d 401

FRANK PALAZZOLO et al., Appellants, v. HERRICK, FEINSTEIN, LLP, et al., Respondents.

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

Decided October 7, 2002.

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

On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the facts pleaded are presumed to be true and accorded every favorable inference (see CPLR 3026; Leon v Martinez, 84 N.Y.2d 83, 88). However, bare legal conclusions and factual claims which are flatly contradicted by the evidence are not presumed to be...

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