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CAYUGA PARTNERS v. 150 GRAND, LLC

305 A.D.2d 527 (2003)

759 N.Y.S.2d 347

CAYUGA PARTNERS, LLC, Appellant, v. 150 GRAND, LLC, Defendant, FRYDMAN/ESSEX, LLC, Respondent, and HOWARD STURMAN, Appellant.

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

Decided May 19, 2003.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion by the appellants, Cayuga Partners, LLC, and Howard Sturman, to dismiss the counterclaim sounding in fraud, pursuant to CPLR 3211 (a) (1) and (7). It is well established that on a motion pursuant to CPLR 3211 (a) (1) and (7), "the pleadings must be liberally construed and the facts alleged accepted as true; the court must determine `only whether the facts as alleged fit within...

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