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RBS CITIZENS, N.A. v. THORSEN

2009-05772.

71 A.D.3d 1108 (2010)

898 N.Y.S.2d 219

RBS CITIZENS, N.A., Respondent, v. ERIC OLE THORSEN, Appellant.

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

Decided March 30, 2010.

Ordered that the order is affirmed, with costs.

On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must give the complaint a liberal construction, accept all of the facts alleged in the complaint as true, and accord the plaintiff the benefit of every favorable inference in determining whether the facts alleged fit within any cognizable legal theory (see Leon v Martinez, 

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