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VOREL v. NBA PROPERTIES, INC.

285 A.D.2d 641 (2001)

728 N.Y.S.2d 397

ELLEN VOREL, Respondent, v. NBA PROPERTIES, INC., Appellant.

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

Decided July 30, 2001.

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

On a motion to dismiss pursuant to CPLR 3211, a court must accept the facts as alleged in the complaint as true, and accord the plaintiff the benefit of every favorable inference (see, Leon v Martinez, 84 N.Y.2d 83; Rovello v Orofino Realty Co., 40 N.Y.2d 633; Roth v Goldman, 254 A.D...

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