Appellate Division of the Supreme Court of the State of New York August 11, 2009 (Shapiro v. Jackel)

In an action, inter alia, for injunctive relief, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated March 4, 2008, which granted the defendant’s motion pursuant to CELR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.