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SCHNEIDER v. HAND

296 A.D.2d 454 (2002)

744 N.Y.S.2d 899

RICHARD SCHNEIDER, Respondent-Appellant, v. GEORGE F. HAND, JR., Appellant-Respondent.

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

Decided July 8, 2002.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly denied those branches of the defendant's motion which were pursuant to CPLR 3211 (a) (7) to dismiss the plaintiff's first and second causes of action for failure to state a cause of action. On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine, accepting as true the factual averments of the complaint and...

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