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HELD v. SEIDENBERG

2010-06975.

87 A.D.3d 616 (2011)

928 N.Y.S.2d 477

2011 NY Slip Op 6249

VENERA HELD, Appellant, v. HAROLD SEIDENBERG, Respondent.

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

Decided August 16, 2011.

Ordered that the order is affirmed, 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 accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. Co. of N.Y.,

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