MARCANTONIO v. PICOZZI


70 A.D.3d 655 (2010)

893 N.Y.S.2d 623

MICHAEL MARCANTONIO et al., Appellants, v. MICHAEL PICOZZI, III, et al., Respondents.

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

Decided February 2, 2010.


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

Affording the complaint a liberal construction, accepting all facts as alleged in the complaint to be true, and according the plaintiffs the benefit of every favorable inference as required on a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint fails to state a cause of action against the defendants Michael Picozzi III, and Viola...

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