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CUCCO v. CHABAU CAFÉ CORP.

2011-06635.

99 A.D.3d 965 (2012)

952 N.Y.S.2d 463

2012 NY Slip Op 7084

LUCILLE CUCCO, Also Known as LUCILLE PIAZZA, Appellant, v. CHABAU CAFÉ CORP., et al., Defendants, and CATHERINE CHAVENET, Respondent.

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

October 24, 2012.

Ordered that the order is reversed, on the law, with costs, and the subject branch of the motion of the defendant Catherine Chavenet 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...

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