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HALLWOOD v. INCORPORATED VILLAGE OF OLD WESTBURY

2014-07543

130 A.D.3d 571 (2015)

10 N.Y.S.3d 899

2015 NY Slip Op 05641

JUDITH HALLWOOD et al., Respondents, v. INCORPORATED VILLAGE OF OLD WESTBURY et al., Appellants, et al., Defendants.

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

Decided July 1, 2015.

Ordered that the order is affirmed, without costs or disbursements.

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 favorable inference, and determine only whether the facts as alleged fit within any...

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