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BLUME v. A & R FUELS, INC.

32 A.D.3d 811 (2006)

821 N.Y.S.2d 132

PAUL BLUME, Appellant, v. A & R FUELS, INC., et al., Respondents.

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

September 12, 2006.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

Accepting the factual allegations in the amended complaint as true and according the plaintiff the benefit of every favorable inference, as we must on a motion pursuant to CPLR 3211 (a) (7) (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Gem Servs. of N.Y., Inc. v United Gen. Tit. Ins. Co...

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