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Court’s Role In Reviewing a Motion to Dismiss Pursuant to CPLR 3211 Explained

In reversing Supreme Court’s dismissal of a complaint alleging breach of the terms of an employment contract, the First Department explained the court’s role in determining a motion to dismiss under CPLR 3211 (a)(1) [documentary evidence] and (a)(7) [failure to state a claim]:

Under CPLR 3211(a)(1) and (a)(7) the court is limited to examining the complaint (and, under [a][1], the proffered documentary evidence) to determine whether the complaint states a cause of action … . The law is also settled that “in assessing the adequacy of a complaint under CPLR 3211(a)(7), the court must give the pleading a liberal construction, accept the facts as alleged in the complaint to be true and afford the plaintiff the benefit of every possible inference” … . “Whether the plaintiff will ultimately be successful in establishing [its] allegations is not part of the calculus” … . Greystone Funding Corp v Kutner, 2014 NY Slip Op 07296, 1st Dept 10-28-14

 

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FRAUD AND FRAUDULENT CONCEALMENT CAUSES OF ACTION AGAINST MORGAN STANLEY, STEMMING FROM RESIDENTIAL MORTGAGE-BACKED SECURITIES, PROPERLY SURVIVED A MOTION TO DISMISS.
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