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Nerey v. Greenpoint Mortgage Funding, Inc.
Citations: 116 A.D.3d 1014; 983 N.Y.S.2d 887
Court: Appellate Division of the Supreme Court of the State of New York; April 30, 2014; New York; State Appellate Court
In the case involving defendants Gina Hyun Soon Park, Tayseer Razik, and Remax Universal Real Estate, the Supreme Court of Queens County issued an order on June 28, 2012, which denied parts of the defendants' motion to dismiss the first, second, and seventh causes of action in the amended complaint concerning fraud. The order was affirmed upon appeal, with costs awarded to the plaintiffs. The court emphasized that when evaluating a motion to dismiss under CPLR 3211 (a)(7), it must liberally interpret the complaint, accepting all alleged facts as true and granting the plaintiff every favorable inference. The court's task is to determine if the alleged facts support any valid legal theory. In this case, the amended complaint adequately alleged causes of action for fraud and conspiracy to defraud, meeting the specificity requirements of CPLR 3016 (b), as supported by relevant case law. The judges Skelos, J.P., Leventhal, Chambers, and Maltese concurred in the decision.