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PAPA v. FAIRFIELD ON THE GREEN

2013-09202

123 A.D.3d 990 (2014)

997 N.Y.S.2d 327

2014 NY Slip Op 08967

DONNA PAPA et al., Respondents, v. FAIRFIELD ON THE GREEN, Appellant.

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

Decided December 24, 2014.

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

Accepting the facts alleged in the complaint as true, and according the plaintiffs the benefit of every possible favorable inference, as we must on a motion pursuant to CPLR 3211(a)(7) (see Nonnon v City of New York, 9 N.Y.3d 825, 827 [2007]; Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Tooma v Grossbarth...

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