In considering a motion to dismiss pursuant to CPLR 3211(a)(7), the court should liberally construe the complaint, and accept as true the facts alleged in the complaint and any submissions in opposition to the motion to dismiss. Evidentiary material submitted by the plaintiff in opposition to such a motion may be considered to remedy defects in the complaint. If the court considers evidentiary material, the criterion becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one. The complaint's allegations, supplemented by a plaintiff's additional submissions, if any, must be given their most favorable consideration.
Berman v. Sosman, NY Slip Op 06304 (2d Dep't November 19, 2025)
