In considering a motion to dismiss a complaint for failure to state a claim upon which relief can be granted, the court must afford the pleading a liberal construction, accept all 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.
Steven B. v. Westchester Day Sch., NY Slip Op 04476 (2d Dep't July 21, 2021)
Tomorrow's issue: Subject matter waiver of a privilege.
