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BISHOP v. MAURER

33 A.D.3d 497 (2006)

823 N.Y.S.2d 366

LISA BISHOP et al., Appellants, v. RONA MAURER, Defendant, and GOODKIND LABATON RUDOFF & SUCHAROW, LLP et al., Respondents.

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

Decided October 24, 2006.

Generally, on a motion to dismiss brought pursuant to CPLR 3211, the court must "`accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory'" (Morgenthow & Latham v Bank of N.Y. Co., 305 A.D.2d 74, 78 [2003], lv denied 100 N.Y.2d 512 [2003], quoting Leon v Martinez,...

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