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SEEMUNGAL v. NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES

Index No. 151495/21 Appeal No. 1087 Case No. 2022-02913.

222 A.D.3d 467 (2023)

202 N.Y.S.3d 22

2023 NY Slip Op 06341

Richard Seemungal, Appellant, v. New York State Department of Financial Services et al., Respondents.

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

Decided December 12, 2023.

Attorney(s) appearing for the Case

Kousoulas & Associates P.C., New York ( Antonia Kousoulas of counsel), for appellant.

Letitia James , Attorney General, New York ( Kwame N. Akosah of counsel), for respondents.

Concur—Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (Lisa S. Headley, J.), entered on or about June 17, 2022, which granted defendants' motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.

When considering a motion to dismiss for failure to state a cause of action, the pleadings should be afforded a liberal construction and the court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every...

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