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MONTES CORPORATION v. CHARLES FREIHOFER BAKING COMPANY, INC.

17 A.D.3d 330 (2005)

791 N.Y.S.2d 834

MONTES CORPORATION et al., Respondents, v. CHARLES FREIHOFER BAKING COMPANY, INC., Doing Business as FREIHOFER'S, Appellant.

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

April 4, 2005.

Ordered that the order is affirmed, with costs.

On a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), the court must accept as true the factual allegations of the complaint and accord the plaintiff all favorable inferences which may be drawn therefrom (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]; Rochdale...

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