On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7), the court must afford the complaint a liberal construction, accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory.
5 Star Holdings NY, LLC v. Kohl's Dept. Store, Inc., NY Slip Op 05240 (2d Dep't October 18, 2023)
