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J & D EVANS CONSTRUCTION CORP. v. IANNUCCI

2010-06378.

84 A.D.3d 1171 (2011)

923 N.Y.S.2d 864

J & D EVANS CONSTRUCTION CORP., Appellant, v. VINCENZO IANNUCCI et al., Respondents. DINO EVANGELISTA, Additional Counterclaim Defendant-Appellant, et al., Additional Counterclaim Defendant.

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

Decided May 24, 2011.

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

"In determining a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), or, as in this case, a counterclaim, the pleading is afforded a liberal construction, the facts alleged are accepted as true, and the proponent of the pleading is accorded the benefit of every favorable inference" (Bank of Am., N.A. v 414 Midland Ave. Assoc., LLC, 78 A.D.3d 746

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