On a motion to dismiss the complaint for failure to state a claim, the standard is whether the pleading states a cause of action. When the movant offers evidence, the motion must be denied unless the evidence establishes conclusively that the plaintiff has no cause of action.
Francisco v. Kiara Foods, Inc., NY Slip Op 04662 (2d Dep't August 11, 2021)
Tomorrow's issue: Failure to appear at a scheduled conference.
