GRASSI & CO. v. HONKA

11087.

180 A.D.3d 564 (2020)

119 N.Y.S.3d 466

2020 NY Slip Op 01262

Grassi & Co., CPAS, P.C., Respondent, v. Ronald Honka, Appellant.

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

Decided February 20, 2020.


When assessing a CPLR 3211(a)(7) motion to dismiss, the pleading is to be afforded a liberal construction, the facts as alleged in the complaint are accepted as true, the plaintiff is accorded the benefit of every possible favorable inference, and the court determines only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994...

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