Ordered that the order is reversed, with costs, the motion is denied, and the complaint is reinstated.
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the Supreme Court must determine whether, accepting as true the factual averments in the complaint and according the plaintiff the benefit of all favorable inferences which may be drawn therefrom, the plaintiff "can succeed upon any reasonable view of the facts...
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