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MARIST COLLEGE v. CHAZEN ENVIRONMETAL SERVICES, INC.

2010-04206.

84 A.D.3d 1181 (2011)

923 N.Y.S.2d 695

MARIST COLLEGE et al., Plaintiffs, v. CHAZEN ENVIRONMETAL SERVICES, INC., defendant/Third-Party Plaintiff-Appellant, et al., Defendants. BRUSH & WEAVING CORPORATION, Doing Business as BLOCKSOM & CO., Third-Party Defendant-Respondent.

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

Decided May 24, 2011.

Ordered that the order is affirmed, with costs.

"When a party moves to dismiss a complaint pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action" (Sokol v Leader, 74 A.D.3d 1180, 1180-1181 [2010]). In considering such a motion, the court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit...

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