Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
On a motion to dismiss pursuant to CPLR 3211 (a) (7), although the facts pleaded are to be presumed to be true and are to be accorded every favorable inference, "bare legal conclusions as well as factual claims flatly contradicted by the record are not entitled to any such consideration" (see Doria v Masucci,
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