On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the complaint is to be afforded a liberal construction, the facts alleged are presumed to be true, the plaintiff is afforded the benefit of every favorable inference, and the court is to determine only whether the facts as alleged fit within any cognizable theory. 'If the court considers evidentiary material, the criterion then becomes whether the proponent of the pleading has a cause of action, not whether the complaint has stated one.
Damon v. Clove Lakes Healthcare & Rehabilitation Ctr., Inc., NY Slip Op 03029 (2d Dep't June 5, 2024)
