MICRO TECHNOLOGY INTERNATIONAL, INC. v. ARTECH INFORMATION SYSTEMS, LLC


62 A.D.3d 764 (2009)

MICRO TECHNOLOGY INTERNATIONAL, INC., Appellant, v. ARTECH INFORMATION SYSTEMS, LLC, et al., Defendants, and INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 12, 2009.


Ordered that the order is reversed, on the law, with costs, and the renewed motion of the defendant International Business Machines Corporation pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it is denied.

In considering a motion to dismiss pursuant to CPLR 3211 (a) (7), the court should, among other things, "determine only whether the facts as alleged fit within any cognizable legal theory" (Leon v Martinez,

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