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RIETSCHEL v. MAIMONIDES MEDICAL CENTER

2010-04182.

83 A.D.3d 810 (2011)

921 N.Y.S.2d 290

PETRA RIETSCHEL, Appellant, v. MAIMONIDES MEDICAL CENTER et al., Respondents.

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

Decided April 12, 2011.

ORDERED that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) is denied.

"On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determine only whether...

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