Dreifus v. Heimeshe Bakery Corp.

*592“On a motion to dismiss pursuant to CPLR 3211 [(a) (7)], the pleading is to be afforded a liberal construction (see CPLR 3026). We accept the facts as alleged in the complaint as true, accord [the] plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (Leon v Martinez, 84 NY2d 83, 87-88 [1994]). Here, even after according the plaintiff the benefit of every possible inference, we conclude that the sixth cause of action fails to state any cognizable legal ground for the recovery of damages against…