Opinion
2014-04-30
Ramon NEREY, et al., respondents, v. GREENPOINT MORTGAGE FUNDING, INC., et al., defendants, Gina Hyun Soon Park, et al., appellants.
L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Diane P. Whitfield and Scott E. Kossove of counsel), for appellants. Anadel Canale P.C., Melville, N.Y., for respondents.
L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Diane P. Whitfield and Scott E. Kossove of counsel), for appellants. Anadel Canale P.C., Melville, N.Y., for respondents.
In an action, inter alia, to recover damages for fraud, the defendants Gina Hyun Soon Park, Tayseer Razik, and Remax Universal Real Estate appeal from so much of an order of the Supreme Court, Queens County (Grays, J.), entered June 28, 2012, as denied those branches of their motion which were pursuant to CPLR 3211(a)(7) to dismiss the first, second, and seventh causes of action of the amended complaint insofar as asserted against them.
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), the court must liberally construe the complaint, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v. Martinez, 84 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511;Minovici v. Belkin BV, 109 A.D.3d 520, 521, 971 N.Y.S.2d 103;Rabos v. R & R Bagels & Bakery, Inc., 100 A.D.3d 849, 851, 955 N.Y.S.2d 109).
Here, accepting the facts as alleged in the pleading to be true, and according the plaintiffs the benefit of every favorable inference, the amended complaint sufficiently pleads, with the required particularity ( seeCPLR 3016[b] ), causes of action against the appellants to recover damages for fraud and conspiracy to defraud ( see Crescentini v. Slate Hill Biomass Energy LLC, 113 A.D.3d 806, 979 N.Y.S.2d 635;Summit Dev. Corp. v. Interstate Masonry Corp., 105 A.D.3d 1031, 1032, 964 N.Y.S.2d 911;Levin v. Kitsis, 82 A.D.3d 1051, 920 N.Y.S.2d 131). SKELOS, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.