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DEMICCO BROS., INC. v. CONSOLIDATED EDISON COMPANY

8 A.D.3d 99 (2004)

779 N.Y.S.2d 10

DEMICCO BROS., INC., Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, et al., Defendant.

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

June 15, 2004.

It is well settled that a court's inquiry is narrowly defined on a motion to dismiss under CPLR 3211. The court must "accept the facts alleged as true . . . and determine simply whether the facts alleged fit within any cognizable legal theory" (Morone v Morone, 50 N.Y.2d 481, 484 [1980] [citation omitted]; see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Salles v Chase Manhattan Bank...

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