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KATS v. EAST 13TH ST. TIFERETH PLACE, LLC

2009-00267

73 A.D.3d 706 (2010)

900 N.Y.S.2d 362

PHILIP KATS et al., Appellants, v. EAST 13TH STREET TIFERETH PLACE, LLC, et al., Respondents.

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

Decided May 4, 2010.

Ordered that the order is affirmed, with costs.

Upon a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the complaint must be liberally construed in the light most favorable to the plaintiff, accepting the facts as alleged to be true (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Wilner v Allstate Ins. Co., 71 A.D.3d 155, 159 [2010...

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