Slazak v. Capozzi

—Order unanimously affirmed without costs. Memorandum: Defendant appeals from an order of Supreme Court that denied his motion to dismiss the complaint alleging a wrongful death cause of action. Although defendant did not specify the ground upon which he sought dismissal under CPLR 3211, we construe the motion to be made pursuant to CPLR 3211 (a) (7), failure to state a cause of action. Viewing the motion in that light, we conclude that the complaint is sufficient on its face because it includes all of the elements of a cause of action to recover damages for wrongful death (see, Chong v New…