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McCARTHY v. YOUNG

57 A.D.3d 955 (2008)

871 N.Y.S.2d 309

JOSEPH McCARTHY et al., Respondents, v. STEVEN W. YOUNG, Doing Business as STEVEN W. YOUNG, G.C., et al., Appellants, et al., Defendant.

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

December 30, 2008.

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

Accepting the allegations of the complaint as true, according the plaintiffs the benefit of every favorable inference, and determining only whether the facts alleged "fit within any cognizable legal theory" (Sokoloff v Harriman Estates Dev. Corp., 96 N.Y.2d 409, 414 [2001]; see Leon v Martinez, 84 N.Y.2d 83...

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