ARONSON RIBACK v. MARGULIS


43 A.D.3d 1023 (2007)

842 N.Y.S.2d 54

ESTHER ARONSON RIBACK et al., Appellants, v. NAIM MARGULIS, Respondent.

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

Decided September 18, 2007.


Ordered that the order is affirmed, with costs.

Although in assessing a motion to dismiss made pursuant to CPLR 3211 (a) (7), the facts pleaded are presumed to be true and are accorded every favorable inference, bare legal conclusions as well as factual claims flatly contradicted by the record are not entitled to any such consideration (see Morone v Morone, 50 N.Y.2d 481 [1980]; Gershon v Goldberg,

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