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TOM WINTER ASSOCIATES, INC. v. SAWYER

2009-03952

72 A.D.3d 803 (2010)

898 N.Y.S.2d 480

TOM WINTER ASSOCIATES, INC., Respondent, v. DAVID N. SAWYER et al., Appellants, et al., Defendants.

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

Decided April 13, 2010.

Ordered that the order is affirmed, with costs.

"On a motion to dismiss pursuant to CPLR 3211 (a) (7), the pleading is to be afforded a liberal construction" (Kempf v Magida, 37 A.D.3d 763, 764 [2007]). The court must accept the facts as alleged in the complaint as true, accord the plaintiffs the benefit of every possible favorable inference, and determine whether the...

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