Ordered that the order is affirmed, with costs.
It is well settled that on a motion to dismiss a complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the complaint is to be liberally construed, accepting all the facts alleged in the complaint as true and affording the plaintiff the benefit of every possible favorable inference (see, Leon v Martinez,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.