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MAREC v. LYNCH

289 A.D.2d 541 (2001)

735 N.Y.S.2d 793

FLORENCE MAREC et al., Respondents, v. MARCELLE LYNCH, Appellant.

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

Decided December 31, 2001.

Ordered that the order is affirmed, with costs.

To determine a motion to dismiss a complaint for failure to state a cause of action under CPLR 3211 (a) (7), the court must accept the allegations of the complaint as true, and must give the plaintiffs the benefit of every favorable inference (see, Cron v Hargro Fabrics, 91 N.Y.2d 362; Leon v Martinez, 84 N.Y.2d 83; CPLR 3211 [a] [7...

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