Esposito v. Noto

“ ‘Upon a motion to dismiss [for failure to state a cause of action], the sole criterion is whether the subject pleading states a cause of action, and if, from the four corners of the complaint, factual allegations are discerned which, taken together, manifest any cause of action cognizable at law, then the motion will fail’ ” (U.S. Bank N.A. v Stein, 81 AD3d 927, 928 [2011], quoting Maurillo v Park Slope U-Haul, 194 AD2d 142, 145 [1993]). The court must afford the pleading a liberal construction, accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every…