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DUNN v. GELARDI

59 A.D.3d 385 (2009)

872 N.Y.S.2d 528

BARBARA DUNN, Appellant, v. VINCENT GELARDI, Respondent.

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

Decided February 3, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action is denied.

"In reviewing a motion to dismiss under CPLR 3211 (a) (7) for failure to state a cause of action, the allegations of the complaint are deemed to be true. The pleading will be deemed to allege whatever may be implied from its statements...

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