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ASCANI v. EI DU PONT DE NEMOURS & CO.

2010-01003.

85 A.D.3d 830 (2011)

925 N.Y.S.2d 836

2011 NY Slip Op 5210

DANIELLE ASCANI, Respondent, v. EI DU PONT DE NEMOURS & COMPANY et al., Defendants, and WASCO WHOLESALE AUTO SUPPLY CORP., Appellant.

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

Decided June 14, 2011.

Ordered that the order is affirmed, with costs.

In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), "the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" (Sokol v Leader, 74 A.D.3d 1180, 1181 [2010] [internal quotation marks omitted...

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