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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