On a motion to dismiss an action pursuant to CPLR 3211 (a) (7), the court must accept the factual allegations of the complaint as true, accord the plaintiff all favorable inferences which may be drawn therefrom, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v. Martinez,
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GEM SERVICES OF NEW YORK, INC. v. UNITED GENERAL TITLE INSURANCE COMPANY
28 A.D.3d 516 (2006)
814 N.Y.S.2d 653
GEM SERVICES OF NEW YORK, INC., DOING BUSINESS as GEM SERVICES CORP., Respondent, v. UNITED GENERAL TITLE INSURANCE COMPANY, Appellant.
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
April 11, 2006.
April 11, 2006.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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