ELRAC, LLC v. Manzo

OPINION OF THE COURT

Richard G. Latin, J.

On a motion to dismiss pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action. In considering such a motion, the court accepts the facts as alleged in the complaint as true, according plaintiff the benefit of every possible favorable inference, and determining only whether the facts as alleged state any cognizable legal theory (see Elmhurst Dairy, Inc. v Bartlett Dairy, Inc., 97 AD3d 781 [2d Dept 2012]; see also Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Jannetti v Whelan, 97 AD3d 797 [2d Dept 2012]). When the…