Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied that part of defendant's motion seeking dismissal of the complaint for failure to state a cause of action. "In determining a CPLR 3211 (a) (7) motion, the court must `accord the complaint a liberal construction, assume its factual allegations to be true, draw every possible favorable inference therefrom and determine only whether any cognizable cause of action has been alleged...
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