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BOKHOUR v. GTI RETAIL HOLDINGS, INC.

No. 2011-11206.

94 A.D.3d 682 (2012)

941 N.Y.S.2d 675

2012 NY Slip Op 2444

ELYAS BOKHOUR, Respondent, v. GTI RETAIL HOLDINGS, INC., Defendant, and THEODORE KETSOGLOU et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 3, 2012.

Ordered that the order is affirmed, with costs.

"When a party moves to dismiss a complaint pursuant to CPLR 3211(a)(7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action" (Sokol v Leader, 74 A.D.3d 1180, 1180-1181 [2010]; see Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]). "In considering such a motion...

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