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BMW GROUP v. CASTLE OIL CORP.

650911/13, 650910/13, 16139

139 A.D.3d 78 (2016)

29 N.Y.S.3d 253

2016 NY Slip Op 01790

BMW GROUP LLC et al., Appellants, v. CASTLE OIL CORPORATION, Respondent. MID ISLAND L.P., Doing Business as MADISON MANAGEMENT OF QUEENS, et al., Appellants, v. HESS CORPORATION, Respondent.

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

Decided March 15, 2016.

Attorney(s) appearing for the Case

Wachtel Missry LLP, New York City ( Julian D. Schreibman , William B. Wachtel and Stella Lee of counsel), and Grossman LLP, New York City ( Stanley M. Grossman and Judd B. Grossman of counsel), for appellants.

Holland & Knight LLP, New York City ( Michael D. Hess , Robert J. Burns , Benjamin R. Wilson and Stosh M. Silivos of counsel), for Castle Oil Corporation, respondent.

White & Case LLP, New York City ( David G. Hille , Heather K. McDevitt and Kim Haviv of counsel), for Hess Corporation, respondent.

TOM, J.P., RICHTER and GISCHE, JJ., concur.

OPINION OF THE COURT

In these two appeals, we reinstate the complaints, holding that when the proper standard of review for a CPLR 3211 (a) (7) motion is applied, and the complaints' factual assertions, along with any inferences that can be drawn from them, are accepted as true, the complaints' allegations are sufficient to state...

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