Civil Court of the City of New York December 7, 2012 (ELRAC, LLC v. Manzo)

OPINION OF THE COURT

Richard G. Latin, J.

On a motion to dismiss pursuant to CPLR 3211 (a) (7), the standard is whether the pleading states a cause of action. In considering such a motion, the court accepts the facts as alleged in the complaint as true, according plaintiff the benefit of every possible favorable inference, and determining only whether the facts as alleged state any cognizable