Appellate Division of the Supreme Court of the State of New York July 11, 2012 (Stennett v. Moveway Transfer & Storage, Inc.)

*656In determining a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), the pleading must be afforded a liberal construction, and 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 legal theory” (Leon v Martinez, 84 NY2d 83,