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BARASH v. BAHARESTANI

774, 151071/14.

138 A.D.3d 489 (2016)

28 N.Y.S.3d 300

2016 NY Slip Op 02735

ALON BARASH, Appellant, v. STEVEN BAHARESTANI et al., Respondents.

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

Decided April 12, 2016.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered October 28, 2014, which granted defendants' pre-answer motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Even when considering plaintiff's affidavit, which may be considered to remedy pleading defects (see Leon v Martinez, 84 N.Y.2d 83, 88 [1994]), plaintiff...

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