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ROCHDALE VILLAGE, INC. v. ZIMMERMAN

2 A.D.3d 827 (2003)

769 N.Y.S.2d 386

ROCHDALE VILLAGE, INC., Respondent, v. HOWARD L. ZIMMERMAN et al., Appellants.

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

December 29, 2003.

Ordered that the order is affirmed, with costs.

"[O]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the complaint and according the plaintiff the benefits of all favorable inferences which may be drawn therefrom, the plaintiff can succeed upon any reasonable view of the facts stated" (Board of Educ. of City School Dist. of City of New Rochelle v County of Westchester, ...

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