Kevin Spence & Sons, Inc. v. Boar's Head Provisions Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*353In an action, inter alia, to recover damages for breach of contract, the defendants appeal from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated December 11, 2002, as denied those branches of their motion pursuant to CPLR 3211 (a) (7) which were to dismiss the first through third and fifth through seventh causes of action asserted in the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must accept as true the facts…
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