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LANDMARK VENTURES, INC. v. INSIGHTEC, LTD.

653761/16, 10782A, 10782.

179 A.D.3d 493 (2020)

117 N.Y.S.3d 204

2020 NY Slip Op 00249

Landmark Ventures, Inc., et al., Appellants, v. InSightec, Ltd., et al., Respondents.

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

Decided January 14, 2020.

The court applied the correct standard in deciding the motions under CPLR 3211(a)(7), i.e., presuming the facts alleged are true and according the plaintiff every favorable inference, unless the allegations actually constitute legal conclusions or are inherently incredible or unequivocally contradicted by documentary evidence (Leder v Spiegel, 31 A.D.3d 266 [1st Dept 2006], affd

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