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12 Jun 2009, 4:23 am
Moreover, where "evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the court must determine whether the plaintiff has a cause of action, not whether the plaintiff has stated one" (Steve Elliot, LLC v Teplitsky, 59 AD3d 523, 524, citing Guggenheimer v Ginzburg, 43 NY2d 268, 275). [read post]
21 Jul 2006, 8:30 am
It is relatively simple to state that there must be an acceptable relation between the legitimate destructive effect and undesirable collateral effects. [read post]