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WALD v. BERWITZ

62 A.D.3d 786 (2009)

HEATHER WALD, Appellant, v. BARBARA J. BERWITZ et al., Defendants, and MICHAEL DIKMAN, Respondent.

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

Decided May 12, 2009.

Ordered that the order is affirmed, with costs.

On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine, "accepting as true the factual averments of the complaint and according the plaintiff every benefit of all favorable inferences, whether the plaintiff can succeed upon any reasonable view of the facts stated" (Malik v Beal, 54 A.D.3d 910, 911 [2008]; see Simmons v Edelstein,

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