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HSBC BANK USA, N.A. v. BURNS

2019-10559. Index No. 502109/19.

187 A.D.3d 864 (2020)

132 N.Y.S.3d 157

2020 NY Slip Op 05727

HSBC Bank USA, N.A., Respondent, v. Stephanie Burns et al., Defendants, and Louis Burns, Appellant.

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

Decided October 14, 2020.

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

The relevant facts are set forth in our decision and order on a companion appeal (see Citibank N.A. v Burns, 187 A.D.3d 839 [2020] [decided herewith]).

"On a motion to dismiss pursuant to CPLR 3211(a)(7), the court must `accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts...

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