MARTIN v. LIBERTY MUTUAL INSURANCE COMPANY

2011-08558.

92 A.D.3d 729 (2012)

939 N.Y.S.2d 75

2012 NY Slip Op 1217

ELOY MARTIN et al, Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant, and MERIDIAN RESIDENTIAL CAPITAL, LLC, Doing Business as FIRST MERIDIAN MORTGAGE, Appellant.

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

Decided February 14, 2012.


Ordered that the order is reversed, on the law, with costs, and the appellant's motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the amended complaint insofar as asserted against it is granted.

"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...

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