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NEREY v. GREENPOINT MTGE. FUNDING, INC.

2012-08140, Index No. 12198/10.

116 A.D.3d 1015 (2014)

983 N.Y.S.2d 888

2014 NY Slip Op 2909

RAMON NEREY et al., Respondents, v. GREENPOINT MORTGAGE FUNDING, INC., et al., Defendants, and STEPHEN J. SIKORSKI, Appellant.

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

Decided April 30, 2014.

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

On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must liberally construe the complaint, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83

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