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KASS v. ZASLAV

55 A.D.3d 877 (2008)

865 N.Y.S.2d 577

SHARON KASS, Appellant, v. JANICE ZASLAV et al., Respondents.

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

October 28, 2008.

Ordered that the order is affirmed, with costs.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), a court "should `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'" (Parsippany Constr. Co., Inc. v Clark Patterson Assoc., P.C.,

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