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KORSINSKY v. ROSE

2013-01434

120 A.D.3d 1307 (2014)

993 N.Y.S.2d 92

2014 NY Slip Op 06179

GERSH KORSINSKY, Appellant, v. GARY H. ROSE, a New York City Marshal, Respondent, et al., Defendants.

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

Decided September 17, 2014.

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

In considering a motion to dismiss a complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the court must accept the facts as alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (

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