CPLR R. 3211(a)(7) pleading fails to state a cause of action
Hashmi v Messiha, 2009 NY Slip Op 06665 (App. Div., 2nd, 2009)
"[A] motion to dismiss made pursuant to CPLR 3211(a)(7) will fail if,
taking all facts alleged as true and according them every possible
inference favorable to the plaintiff, the complaint states in some
recognizable form any cause of action known to our law" (Shaya B. Pac., LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 38 AD3d 34, 38; see AG Capital Funding Partners, L.P. v State Street Bank and Trust Co., 5 NY3d 582, 591; Leon v Martinez,
84 NY2d 83, 87-88). However, when, as here, the moving party offers
evidentiary material, "the court is required to determine whether the
proponent of the pleading has a cause of action, not [just] whether
[they have] stated one" (Hartman v Morganstern, 28 AD3d 423, 424).
I don't think I'll ever quite understand the part in bold.