Hejna v. Reilly

Appeal from an order of the Supreme Court (Teresi, J.), entered July 1, 1996 in Albany County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

We affirm Supreme Court’s denial of defendant’s CPLR 3211 (a) (7) motion to dismiss plaintiff’s complaint in this divorce action based upon cruel and inhuman treatment. On such a motion, the court’s sole inquiry is whether the facts alleged in the complaint fit within any cognizable legal theory, not whether there is evidentiary support for the complaint (see, Leon v Martinez, 84 NY2d 83, 87-88;…