HARTMAN v. MORGANSTERN


28 A.D.3d 423 (2006)

814 N.Y.S.2d 169

RICHARD HARTMAN, Respondent, v. ALLEN R. MORGANSTERN et al., Appellants.

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

April 4, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the allegations in the complaint must be accepted as true (see Leon v. Martinez, 84 N.Y.2d 83, 87-88 [1994]). Such a motion should be granted only where, even viewing the allegations as true, the plaintiff...

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