Maron v. Silver

As the majority notes, since this matter involves a motion to dismiss for failure to state a cause of action (see CPLR 3211 [a] [7]), we must liberally construe the pleadings, grant petitioners the benefit of each favorable inference, and limit our review to a determination as to whether the facts they allege fall within a knowable legal theory (see Leon v Martinez, 84 NY2d 83, 88 [1994]). Applying this standard of review, Supreme Court permitted petitioners’ separation of powers claim to proceed under two theories: (1) that the diminished actual value of their compensation impacted judicial…