Ordered that the order is affirmed insofar as appealed from, with costs.
"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 according the plaintiff the benefit of all favorable inferences, whether the plaintiff can succeed upon any reasonable view of the facts as stated" (see Schneider v Hand,
Where a...
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