McGOVERN v. NASSAU COUNTY DEPT. OF SOCIAL SERVS.


60 A.D.3d 1016 (2009)

876 N.Y.S.2d 141

MARGUERITE McGOVERN, Appellant, v. NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, Defendant, and BOARD OF EDUCATION, LONG BEACH SCHOOL DISTRICT, Respondent.

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

Decided March 31, 2009.


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

On a motion to dismiss a complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the court must accept all of the facts alleged in the pleading as true, and accord the plaintiff the benefit of every possible inference in determining whether the facts alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83

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