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BRANDENBERG v. PRIMUS ASSOCIATES

304 A.D.2d 694 (2003)

757 N.Y.S.2d 790

PETER BRANDENBERG et al., Respondents, v. PRIMUS ASSOCIATES et al., Defendants, and ELAINE EPSTEIN et al., Appellants.

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

Decided April 21, 2003.

Ordered that the order is affirmed, with costs.

The appellants Elaine Epstein, John Jay Wanderman, and Jerome Reznick did not establish their entitlement to dismissal of the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (7) for failure to state a cause of action (see Campaign for Fiscal Equity v State of New York, 86 N.Y.2d 307, 318 [1995]; cf. 219 Broadway Corp. v Alexander's, Inc., ...

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