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McKENZIE v. MERIDIAN CAPITAL GROUP, LLC

35 A.D.3d 676 (2006)

829 N.Y.S.2d 129

JOAN McKENZIE, Appellant, v. MERIDIAN CAPITAL GROUP, LLC, Respondent.

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

Decided December 19, 2006.

Ordered that the order is affirmed, with costs.

On a motion to dismiss pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see AG Capital Funding Partners, L.P. v State St. Bank &...

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