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JUAN PONCE v. MIAO LING LIU

2014-03452

123 A.D.3d 786 (2014)

998 N.Y.S.2d 450

2014 NY Slip Op 08617

JUAN PONCE et al., Plaintiffs, v. MIAO LING LIU, Defendant/Third-Party Plaintiff-Appellant. NEXA GOMEZ, Third-Party Defendant-Respondent.

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

Decided December 10, 2014.

Ordered that the order is affirmed, with costs.

On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts alleged in the pleading as true, accord the pleader the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84...

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