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PETER F. GAITO ARCHITECTURE, LLC v. SIMONE DEVELOPMENT CORP.

46 A.D.3d 530 (2007)

846 N.Y.S.2d 368

PETER F. GAITO ARCHITECTURE, LLC, Appellant, v. SIMONE DEVELOPMENT CORP., Respondent.

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

Decided December 4, 2007.

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

In assessing a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), where evidentiary material is adduced in support of the motion, the court must determine whether the proponent of the pleading has a cause of action, not whether the proponent has stated one (see Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]; Steiner v Lazzaro ...

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