August 7, 2020
CPLR 3211(a)(7).
On a motion to dismiss, the court merely examines the adequacy of the pleading, unlike a summary judgment motion, where the court searches the record and assesses the sufficiency of the parties' evidence. In considering the motion to dismiss, the court must accept the complaint's factual allegations as true, give the plaintiff the benefit of every favorable inference, and determine only whether the facts, as alleged, fit within any cognizable legal theory.
