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RIOS v. TINY GIANTS DAYCARE, INC.

2015-07585, Index No. 709660/14.

135 A.D.3d 845 (2016)

22 N.Y.S.3d 890

2016 NY Slip Op 00352

MATIAS RIOS, an Infant, by His Father and Natural Guardian, JUAN CARLOS RIOS, et al., Appellants, v. TINY GIANTS DAYCARE, INC., et al., Defendants, and JOSE DONE, Respondent.

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

Decided January 20, 2016.

Ordered that the order is affirmed, with costs.

In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the sole criterion is whether, from the four corners of the complaint, "factual allegations are discerned which taken together manifest any cause of action cognizable at law" (Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]; see Country Pointe at Dix Hills Home Owners...

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