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FOURTH BRANCH ASSOCIATES MECHANICVILLE v. NIAGARA MOHAWK POWER CORPORATION

302 A.D.2d 780 (2003)

754 N.Y.S.2d 783

FOURTH BRANCH ASSOCIATES MECHANICVILLE, Respondent-Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Appellant-Respondent. (And Another Related Action.)

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

Decided February 20, 2003.

Carpinello, J.

This case was last before this Court on an appeal from a 1995 order of Supreme Court (Harris, J.), which had granted defendant's CPLR 3211 motion to dismiss the complaint in its entirety (235 A.D.2d 962). After searching the four corners of the complaint for any legally cognizable claim, we determined that two of the many pleaded causes of action should have survived such a preliminary motion. Accordingly, we modified...

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