CPLR R. 3211 Motion to dismiss
CPLR R. 3211(a)(7)
Hauff v Listemann, 2009 NY Slip Op 02561(App. Div., 2nd, 2009)
On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must
be afforded a liberal construction, the facts therein must be accepted
as true, and the plaintiff must be accorded the benefit of every
favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88).
The court's function on such a motion is only to determine whether the
facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d at 87-88).
bruteforcelawyer.com 