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TERRELL v. KAPLAN

No. COA04-993.

613 S.E.2d 526 (2005)

Jon T. TERRELL, Plaintiff, v. Harriet A. KAPLAN, Individually, and Harriet A. Kaplan, as the Personal Representative of the Estate of Stanley Kaplan, Deceased, Defendant.

Court of Appeals of North Carolina.

June 7, 2005.

Attorney(s) appearing for the Case

Katten Muchin Zavis Rosenman, by Richard L. Farley and Christopher A. Hicks, Charlotte, for plaintiff-appellant.

Tin Fulton Greene & Owen, by Shirley L. Fulton and Bartina L. Edwards, Charlotte, for defendant-appellee.

WYNN, Judge.

In deciding a motion to dismiss for failure to state a claim, a court must look to whether the pleadings, when taken as true, are legally sufficient to satisfy the elements of at least some legally recognized claim. Arroyo v. Scottie's Prof'l Window Cleaning, Inc., 120 N.C. App. 154, 158, 461 S.E.2d 13, 16 (1995), disc. review improvidently allowed, ...

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