On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must 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. Whether the plaintiff can ultimately establish the allegations is not part of the calculus.
Rubin v. Poly Prep Country Day Sch., NY Slip Op 02339 (2d Dep't May 1, 2024)
