WEILL v. EAST SUNSET PARK REALTY, LLC

2011-09364.

101 A.D.3d 859 (2012)

955 N.Y.S.2d 402

2012 NY Slip Op 8513

MEYER WEILL et al., Appellants, v. EAST SUNSET PARK REALTY, LLC, et al., Respondents, et al., Defendants.

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

December 12, 2012.


Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the motion of the defendants East Sunset Park Realty, LLC, and Flushing Preferred Funding Corp. which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them is denied.

On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every...

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