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LEBOVITS v. BASSMAN

2012-11060

120 A.D.3d 1198 (2014)

992 N.Y.S.2d 316

2014 NY Slip Op 06061

ISRAEL LEBOVITS, Also Known as GEORGE I. LEBOVITS, Appellant, v. GERSHON BASSMAN et al., Defendants, and SOVEREIGN BANK, Respondent.

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

Decided September 10, 2014.

Ordered that the order is affirmed, with costs.

"On a motion to dismiss, the complaint is to be afforded a liberal construction, the facts alleged are presumed to be true, the plaintiff is afforded the benefit of every favorable inference, and the court is to determine only whether the facts as alleged fit within any cognizable legal theory" (Thomas v LaSalle Bank N.A., 79 A.D.3d 1015, 1017 [2010]; see Leon v Martinez...

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