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GOLDFINE v. SICHENZIA

43 A.D.3d 1108 (2007)

841 N.Y.S.2d 789

ERIC GOLDFINE et al., Appellants, v. MICHAEL SICHENZIA et al., Defendants, and OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Respondent.

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

Decided September 25, 2007.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In reviewing a motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, the court "must accept as true the facts as alleged in the complaint and submissions in opposition to the motion, accord [the] plaintiffs the benefit of every possible favorable inference and determine only whether the...

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