Ordered that the orders are affirmed, with one bill of costs.
The Supreme Court properly denied those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (7) to dismiss the complaint 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 according the plaintiff the benefit of all favorable inferences, whether the plaintiff...
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