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ELRAC, LLC v. MANZO

17489/2012.

38 Misc.3d 646 (2012)

957 N.Y.S.2d 826

2012 NY Slip Op 22362

ELRAC, LLC, Formerly Known as ELRAC, INC., Doing Business as ENTERPRISE RENT A CAR, Also Known as EAN HOLDINGS, LLC, Plaintiff, v. ELSA MANZO, Defendant.

Civil Court of the City of New York, Queens County.

December 7, 2012.

Attorney(s) appearing for the Case

Epstein, Gialleonardo, Frankini & Grammatico, Mineola ( Andrew J. Frank of counsel), for defendant. Carman, Callahan & Ingham, LLP, Farmingdale ( Jami C. Amarasinghe of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD G. LATIN, J.

On a motion to dismiss pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action. In considering such a motion, the court accepts the facts as alleged in the complaint as true, according plaintiff the benefit of every possible favorable inference, and determining only whether the facts as alleged state any cognizable legal theory (see Elmhurst Dairy, Inc. v Bartlett Dairy, Inc...

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