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REGINA v. MAROTTA

2008-08439.

67 A.D.3d 766 (2009)

887 N.Y.S.2d 861

2009 NY Slip Op 08203

JOSEPH REGINA, Appellant, v. ANTHONY MAROTTA, JR., Respondent, et al., Defendants.

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

Decided November 10, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), the court must accept the facts as alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N...

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