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MELTZER v. MELTZER

41 A.D.3d 558 (2007)

836 N.Y.S.2d 425

STUART E. MELTZER, Respondent, v. PAMELA MELTZER, Appellant.

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

Decided June 12, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a motion pursuant to CPLR 3211 (a) (7) to dismiss a cause of action, a court must accept the facts alleged in support of that cause of action as true, and accord the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). If the facts as alleged do not fit within any cognizable legal theory, the cause...

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