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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)

Citation
RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Parent Document
RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Jurisdiction
New York (state)
Effective Date
2025-03-21

Other Sections in This Document (37)

Full Text

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A. The Notice of Non-RenewalOn a motion to dismiss under CPLR § 3211(a)(7), the court must afford pleadings a liberal construction, accept the facts as alleged in the petition as true, accord the petitioner every favorable inference, and determine only whether the facts as alleged fit into a cognizable legal theory (Leon v Martinez, 84 NY2d 83, 87-88 [1994]). The court may also freely consider any affidavits or proof offered by a petitioner to remedy defects in the petition (id. at 88).