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RICHMOND SHOP SMART, INC. v. KENBAR DEVELOPMENT CENTER, LLC.

32 A.D.3d 423 (2006)

820 N.Y.S.2d 124

RICHMOND SHOP SMART, INC., Respondent, v. KENBAR DEVELOPMENT CENTER, LLC, Formerly Known as KEN-BAR DEVELOPMENT CO., Appellant.

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

August 8, 2006.

Ordered that the order is affirmed, with costs.

In deciding a motion to dismiss pursuant to CPLR 3211 (a) (7), the court "must accept as true the facts as alleged in the complaint and submissions in opposition to the motion, accord [the plaintiff] the benefit of every possible favorable inference and determine only whether the facts as alleged fit within any cognizable legal theory" (Sokoloff v Harriman Estates Dev. Corp., 96 N.Y.2d 409

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