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S.J.J.K. TENNIS, INC. v. CONFER BETHPAGE, LLC

2010-07309.

81 A.D.3d 630 (2011)

916 N.Y.S.2d 790

S.J.J.K. TENNIS, INC., Respondent, v. CONFER BETHPAGE, LLC, Appellant, et al., Defendant.

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

Decided February 1, 2011.

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

"On a motion to dismiss the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory" (Breytman v Olinville...

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