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QUESADA v. GLOBAL LAND, INC.

35 A.D.3d 575 (2006)

826 N.Y.S.2d 667

JOSE C. QUESADA et al., Respondents, v. GLOBAL LAND, INC., Appellant, et al., Defendants.

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

Decided December 12, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

"On a motion to dismiss pursuant to CPLR 3211, the pleading is to be afforded a liberal construction (see, CPLR 3026). We accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (Morone v...

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