Practice point: On a motion for failure to state a cause of action, pursuant to CPLR 3211(a)(7), the court must afford the complaint a liberal construction, see CPLR 3026; 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.
Student note: Bare legal conclusions asserted in a complaint, however, are not presumed to be true, and whether the plaintiff can ultimately establish the allegations is not a factor.
Case: Knutt v. Metro Intl., S.A., NY Slip Op 00754 (2d Dept. 2012).
Tuesday’s issue: Conversion.
