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IHC SERVICES, INC. v. PRODUCT SAFETY MANAGEMENT, INC.

268 A.D.2d 559 (2000)

702 N.Y.S.2d 831

IHC SERVICES, INC., Respondent, v. PRODUCT SAFETY MANAGEMENT, INC., Appellant.

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

Decided January 31, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that on a motion to dismiss pursuant to CPLR 3211, the pleading is to be liberally construed. The facts alleged in the pleading are accepted as true, and the plaintiff is accorded the benefit of every possible favorable inference to determine whether the facts as alleged fit within any cognizable legal theory (see, Leon v Martinez, 84 N.Y.2d 83

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