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BONNEY v. 5PG, LLC

55 A.D.3d 648 (2008)

864 N.Y.S.2d 791

KOFI N. BONNEY, Respondent, v. 5PG, LLC, Appellant, and ALTEN, INC., Respondent, et al., Defendants.

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

October 14, 2008.

Ordered that the order is affirmed, with one bill of costs.

In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court should "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" (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). Applying these...

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