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MARTINEZ v. LA COLONIA RESTAURANT

55 A.D.3d 801 (2008)

866 N.Y.S.2d 307

MELVIN MARTINEZ et al., Respondents, v. LA COLONIA RESTAURANT et al., Defendants, and SUKHNANAN SUKHNANAN et al., Appellants.

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

October 21, 2008.

Ordered that the order is affirmed, without costs or disbursements.

On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint, the pleading must be afforded a liberal construction. The court must accept as true the facts alleged in the complaint and submissions in opposition to the motion, accord the plaintiffs the benefit of every possible favorable inference, and determine only whether the facts fit within any cognizable...

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