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ESPOSITO v. NOTO

2011-02126

90 A.D.3d 825 (2011)

935 N.Y.S.2d 105

2011 NY Slip Op 9265

SHELLY ESPOSITO, as Executrix of JOHN ESPOSITO, Deceased, et al., Respondents, v. PAUL J. NOTO, Appellant.

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

Decided December 20, 2011.

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

"`Upon a motion to dismiss [for failure to state a cause of action], the sole criterion is whether the subject pleading states a cause of action, and if, from the four corners of the complaint, factual allegations are discerned which, taken together, manifest any cause of action cognizable at law, then the motion will fail'" (U.S. Bank N.A. v Stein, 81 A.D.3d 927

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