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WOHLGEMUTH v. LANG CONSTRUCTION, LLC

18 A.D.3d 650 (2005)

795 N.Y.S.2d 634

OLIVIA WOHLGEMUTH, et al., Respondents, v. LANG CONSTRUCTION, LLC, Respondent, and LAUREL E. WATTS et al., Appellants.

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

May 16, 2005.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied the appellants' motion to dismiss the complaint insofar as asserted against them and the cross claims asserted against them by the defendant Lang Construction, LLC (hereinafter Lang). On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine if the factual allegations of the complaint...

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