Pertoso v. Hanna

In an action, inter alia, to recover damages for private nuisance, the defendants appeal from an order of the Supreme Court, Queens County (Lane, J.), entered November 16, 2011, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

In considering a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must “ ‘accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable…