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MATTER OF NOCRO, LTD. v. RUSSELL

2010-10983.

94 A.D.3d 894 (2012)

943 N.Y.S.2d 116

2012 NY Slip Op 2694

In the Matter of NOCRO, LTD., Petitioner/Plaintiff, and HERITAGE AT CUTCHOGUE, LLC, Appellant, v. SCOTT A. RUSSELL et al., Respondents.

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

Decided April 10, 2012.

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

"On a motion to dismiss pursuant to CPLR 3211 ... the petition-complaint alone must be considered, and all of its allegations are deemed true and afforded the benefit of every favorable inference" (Matter of Bloodgood v Town of Huntington, 58 A.D.3d 619, 621 [2009]).

Here, only the thirteenth and fourteenth causes of action sought relief against...

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