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COHEN v. ORTHONET NEW YORK IPA, INC.

19 A.D.3d 261 (2005)

800 N.Y.S.2d 380

EVE COHEN, Doing Business as ASTER SEARCH GROUP, Respondent, v. ORTHONET NEW YORK IPA, INC., Appellant.

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

June 23, 2005.

Affording the pleading a liberal construction, accepting the facts alleged in the complaint as true, according the plaintiff the benefit of every possible favorable inference, and determining that the facts alleged fit within a cognizable legal theory, dismissal of the causes of action for breach of contract and account stated, pursuant to CPLR 3211 (a), was properly denied in this action on a personal services contract (see Leon v Martinez, 84 N.Y...

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