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65 New York opinions name it 6 courts 1983–2026 20 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Leon v. Martinezgreen2 sentences2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha 2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has | 12 | 14 |
Kar-McVeigh, LLC v. Zoning Board of Appealsgreen2 sentences2014On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference (see Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 760 [2012]; Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead, 93 AD3d 799, 800 [2012]). 2014On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference ( see Matter of Oddone v Suffolk County Police Dept. , 96 AD3d 758 , 760; Matter of Kar-McVeigh LLC v Zoning Bd. of Appeals of Town of Riverhead , 93 AD3d 799, 780 ). | 11 | 11 |
Oddone v. Suffolk County Police Departmentgreen2 sentences2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Grecco v Cimino , 100 AD3d 892, 897 ; see Matter of Johnson v County of Orange , 138 AD3d 850 ; Matter of MVM Constr., LLC v Westchester County , 112 AD3d 635 , 635-637; Matter of Oddone v Suffolk County Police Dept ., 96 AD3d 758 , 762). 2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]). | 8 | 9 |
Guggenheimer v. Ginzburggreen2 sentences2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha 2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has | 6 | 8 |
Grecco v. Ciminogreen2 sentences2022"In addition, a party seeking a downward modification of an unallocated order of child support based on the emancipation of one of the children has the burden of proving that the amount of unallocated child support is excessive based on the needs of the remaining children" ( Lamassa v Lamassa , 106 AD3d 957, 959 ; see Goodman v Pettit , 133 AD3d 630, 631 ). "'On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference'" ( Matter of Kunik v New York City Dept. of Edu 2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]). | 6 | 7 |
Breytman v. Olinville Realty, LLCgreen2 sentences2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]). 2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]). | 4 | 6 |
Miller v. Mulligangreen2 sentences2012On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference (see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead, 93 AD3d 799, 800 [2012]; Matter of Miller v Mulligan, 73 AD3d 781, 783 [2010]). 2012On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference (see Matter of Kar-McVeigh, LLC v Zoning Bd. of Appeals of Town of Riverhead, 93 AD3d 799, 800 [2012]; Matter of Miller v Mulligan, 73 AD3d 781, 783 [2010]). | 4 | 4 |
Wells Fargo Bank, N.A. v. Mastromarinogreen2 sentences2016To hold otherwise would allow agencies to frustrate the purpose of FOIL by discarding records when they receive FOIL requests. “ ‘On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference’ ” (Matter of Schlemme v Planning Bd. of City of Poughkeepsie, 118 AD3d 893 , 895 [2014], quoting Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]). 2014“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference” (Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]; see Hogan v New York State Off. of Mental Health, 115 AD2d 638, 639 [1985]). | 3 | 3 |
Matter of Gerety v. Geretygreen2 sentences2023"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Gerety v Gerety , 203 AD3d 827, 829 [internal quotation marks omitted]). 2022"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Gerety v Gerety , 203 AD3d 827, 829 [internal quotation marks omitted]). | 2 | 2 |
Matter of Johnson v. County of Orangegreen2 sentences2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]). 2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Grecco v Cimino , 100 AD3d 892, 897 ; see Matter of Johnson v County of Orange , 138 AD3d 850 ; Matter of MVM Constr., LLC v Westchester County , 112 AD3d 635 , 635-637; Matter of Oddone v Suffolk County Police Dept ., 96 AD3d 758 , 762). | 2 | 2 |
Hogan v. New York State Office of Mental Healthgreen2 sentences2014“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference” (Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]; see Hogan v New York State Off. of Mental Health, 115 AD2d 638, 639 [1985]). 2014“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7) and 7804 (f), all of the allegations in the pleading are deemed true and afforded the benefit of every favorable inference” (Wells Fargo Bank, N.A. v Mastromarino, 98 AD3d 662, 662-663 [2012]; see Hogan v New York State Off. of Mental Health, 115 AD2d 638, 639 [1985]). | 2 | 2 |
Spry v. Delaware Countygreen2 sentences2013In determining such a motion in a proceeding such as the instant one, the sole criterion is whether the petition sets forth allegations sufficient to make out a claim that the determination sought to be reviewed was not “supported by substantial evidence” (CPLR 7803 [4]; see Matter of Spry v Delaware County, 253 AD2d 178, 180-182 [1999]; cf. Matter of Grecco v Cimino, 100 AD3d at 897 ; Matter of Oddone v Suffolk County Police Dept., 96 AD3d at 760). 2013In determining such a motion in a proceeding such as the instant one, the sole criterion is whether the petition sets forth allegations sufficient to make out a claim that the determination sought to be reviewed was not “supported by substantial evidence” (CPLR 7803 [4]; see Matter of Spry v Delaware County, 253 AD2d 178, 180-182 [1999]; cf. Matter of Grecco v Cimino, 100 AD3d at 897 ; Matter of Oddone v Suffolk County Police Dept., 96 AD3d at 760). | 2 | 2 |
McCann v. Scadutogreen2 sentences2012Here, the petition/complaint alleges, inter alia, that the Nassau County Treasurer failed to provide the petitioner/plaintiff with actual notice of a tax lien sale in violation of Nassau County Administrative Code § 5-37.0, and in violation of a mortgagee’s due process right to constitutionally adequate notice of a tax lien sale (see generally Matter of McCann v Scaduto, 71 NY2d 164, 169-170 [1987]; Zamor v L&L Assoc. 2012Here, the petition/complaint alleges, inter alia, that the Nassau County Treasurer failed to provide the petitioner/plaintiff with actual notice of a tax lien sale in violation of Nassau County Administrative Code § 5-37.0, and in violation of a mortgagee’s due process right to constitutionally adequate notice of a tax lien sale (see generally Matter of McCann v Scaduto, 71 NY2d 164, 169-170 [1987]; Zamor v L&L Assoc. | 2 | 2 |
First Keystone Consultants, Inc. v. DDR Construction Servicesgreen2 sentences2012Servs., 74 AD3d 1135, 1136 [2010]). 2012Servs., 74 AD3d 1135, 1136 [2010]). | 2 | 2 |
Lieberman v. Greengreen2 sentences2026The defendant appeals. "'On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Janover, LLC v Smith , 245 AD3d 907 , 909, quoting Lieberman v Green , 139 AD3d 815, 816 ). 2026"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Lieberman v Green , 139 AD3d 815, 816 [alteration and internal quotation marks omitted]; see Health Acquisition Corp. v Program Risk Mgt., Inc. , 105 AD3d 1001 , 1003). | 1 | 2 |
Matter of Better World Real Estate Group v. New York City Dept. of Fin.green2 sentences2018"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference" ( Matter of Better World Real Estate Group v New York City Dept. of Fin ., 122 AD3d 27, 36 ). 2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the factual allegations in the pleading must be deemed true, and the petitioner must be afforded the benefit of every favorable inference" ( Matter of Better World Real Estate Group v New York City Dept. of Fin., 122 AD3d 27, 36 ). | 1 | 2 |
Katz v. DePaolagreen1 sentence2026"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR [*2] 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one and, unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate" ( Katz v DePaola , 211 AD3d 1020, 1021 [internal quotation marks omitted]; see Guggenhei | 1 | 1 |
Davila v. Orange Countygreen2 sentences2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha 2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has | 1 | 1 |
Zeitlin v. Cohangreen2 sentences2026However, "substantial basis" at the pleading stage does not require a showing of clear and convincing evidence for that is the burden of proof at trial ( see Reeves, supra at *1; see also Zeitlin v Cohan , 220 AD3d 631, 632 [1st Dept 2023]). 2026However, "substantial basis" at the pleading stage does not require a showing of clear and convincing evidence for that is the burden of proof at trial ( see Reeves, supra at *1 ; see also Zeitlin v Cohan , 220 AD3d 631, 632 [1st Dept 2023]). | 1 | 1 |
Health Acquisition Corp. v. Program Risk Management Inc.green1 sentence2026"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Lieberman v Green , 139 AD3d 815, 816 [alteration and internal quotation marks omitted]; see Health Acquisition Corp. v Program Risk Mgt., Inc. , 105 AD3d 1001 , 1003). | 1 | 1 |
S.N. v. Integral Yoga Inst., Inc.green2 sentences2026The "substantial basis" standard is a "heightened burden" compared to the pleading standard under CPLR 3211(a)(7) ( S.N. v Integral Yoga Institute, Inc. —- N.Y.S.3d ——, 2026 NY Slip Op. 00217 at *1 [1st Dept 2026]). 2026The "substantial basis" standard is a "heightened burden" compared to the pleading standard under CPLR 3211(a)(7) ( S.N. v Integral Yoga Institute, Inc. — N.Y.S.3d —, 2026 NY Slip Op. 00217 at *1 [1st Dept 2026]). | 1 | 1 |
Sokol v. Leadergreen2 sentences2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha 2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has | 1 | 1 |
Cajigas v. Clean Rite Ctrs., LLCgreen2 sentences2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha 2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has | 1 | 1 |
Atlasman v. Korolgreen2 sentences2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88 ; see Davila v Orange County , 215 AD3d 632, 633 ). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading ha 2026On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, a 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, 87-88; see Davila v Orange County , 215 AD3d 632, 633). "[W]here evidentiary material is submitted and considered on a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), the question becomes whether the proponent of the pleading has | 1 | 1 |
| Matter of Madden v. Village of Tuxedo Parkgreen | 1 | 1 |
| Soodoo v. LC, LLCgreen | 1 | 1 |
| Matter of Fanizzi v. Planning Bd. of Pattersongreen | 1 | 1 |
| Antoine v. Kalandrishviligreen | 1 | 1 |
| Broadway Central Property Inc. v. 682 Tenant Corp.green | 1 | 1 |
| Matter of Jean-Baptiste v. Jean-Baptistegreen | 1 | 1 |
| Goodman v. Pettitgreen | 1 | 1 |
| Matter of Kunik v. New York City Dept. of Educ.green | 1 | 1 |
| Held v. Kaufmangreen | 1 | 1 |
| Matter of Palmore v. Board of Educ. of Hempstead Union Free Sch. Dist.green | 1 | 1 |
| Chancer v. Stowellgreen | 1 | 1 |
| Eklund v. Pinkeygreen | 1 | 1 |
| Garraway v. Fischergreen | 1 | 1 |
| High Tides, LLC v. DeMichelegreen | 1 | 1 |
| Matter of Clavin v. Mitchellgreen | 1 | 1 |
| McDonnell v. Bradleygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bailey v. Peerstate Equity Fund, L.P.
green
2 sentences2025"The rule bars both repetitive motions to dismiss a pleading pursuant to CPLR 3211(a), as well as subsequent motions to dismiss the pleading pursuant to CPLR 3211(a) that are based on alternative grounds" ( Bailey v Peerstate Equity Fund, L.P. , 126 AD3d 738, 739 ). 2025"The rule bars both repetitive motions to dismiss a pleading pursuant to CPLR 3211(a), as well as subsequent motions to dismiss the pleading pursuant to CPLR 3211(a) that are based on alternative grounds" ( Bailey v Peerstate Equity Fund, L.P. , 126 AD3d 738, 739 ). | 2 | 2025–2025 |
Breytman v. Olinville Realty, LLC
neutral
2 sentences2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]). 2024On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff or petitioner the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory ( see Leon v Martinez , 84 NY2d 83, 87-88 [1994]; Breytman v Olinville Realty, LLC , 54 AD3d 703 , 703—704 [2d Dept 2008], lv dismissed 12 NY3d 878 [2009]). | 2 | 2024–2024 |
MVM Construction, LLC v. Westchester County
green
2 sentences2016"On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference" ( Matter of Grecco v Cimino , 100 AD3d 892, 897 ; see Matter of Johnson v County of Orange , 138 AD3d 850 ; Matter of MVM Constr., LLC v Westchester County , 112 AD3d 635 , 635-637; Matter of Oddone v Suffolk County Police Dept ., 96 AD3d 758 , 762). 2016“On a motion to dismiss a pleading pursuant to CPLR 3211 (a) (7), all of the allegations in the petition are deemed true and the petitioner is afforded the benefit of every favorable inference” (Matter of Grecco v Cimino, 100 AD3d 892, 897 [2012]; see Matter of Johnson v County of Orange, 138 AD3d 850 [2016]; Matter of MVM Constr., LLC v Westchester County, 112 AD3d 635 , 635-637 [2013]; Matter of Oddone v Suffolk County Police Dept., 96 AD3d 758 , 762 [2012]). | 2 | 2016–2016 |
Zuckerman v. City of New York
green
2 sentences1987Neither party has been put to its proof in response to a motion for summary judgment, whereupon the opposing party would be required to adduce evidentiary proof (CPLR 3212, subd [b]; Zuckerman v City of New York, 49 NY2d 557 ).” (Frank Corp. v Federal Ins. 1983Neither party has been put to its proof in response to a motion for summary judgment, whereupon the opposing party would be required to adduce evidentiary proof (CPLR 3212, subd [b]; Zuckerman v City of New York, 49 NY2d 557 ). | 2 | 1983–1987 |
Godfrey v. Spano
green
1 sentence2026However, "conclusory allegations—claims consisting of bare legal conclusions with no factual specificity—are insufficient to survive a motion to dismiss" ( Godfrey v Spano , 13 NY3d 358, 373 ). | 1 | 2026–2026 |
| Lucido v. Mancuso green | 1 | 2026–2026 |
Janover, LLC v. Smith
neutral
1 sentence2026The defendant appeals. "'On a motion to dismiss a pleading pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference, accept the facts alleged in the pleading as true, and determine only whether the facts as alleged fit within any cognizable legal theory'" ( Janover, LLC v Smith , 245 AD3d 907 , 909, quoting Lieberman v Green , 139 AD3d 815, 816 ). | 1 | 2026–2026 |
| Balkheimer v. Spanton green | 1 | 2025–2025 |
| Jackson v. Bank of America, N.A. green | 1 | 2025–2025 |
| Epifani v. Johnson green | 1 | 2024–2024 |
| Grella v. St. Francis Hospital green | 1 | 2024–2024 |
| Matter of Camarda v. Charlot green | 1 | 2022–2022 |
| Lamassa v. Lamassa green | 1 | 2022–2022 |
| Seidler v. Knopf green | 1 | 2021–2021 |
| Wedgewood Care Ctr., Inc. v. Kravitz green | 1 | 2021–2021 |
| Phillips v. Taco Bell Corp. green | 1 | 2020–2020 |
| McBride v. Springsteen-El green | 1 | 2019–2019 |
| Matter of Betts v. Moore green | 1 | 2019–2019 |
| Lauzonis v. Lauzonis green | 1 | 2019–2019 |
| Chisolm v. Copeland green | 1 | 2018–2018 |
| MATTER OF GOMEZ v. Stout green | 1 | 2018–2018 |
| Zlotnick v. City of Saratoga Springs green | 1 | 2018–2018 |
| Guynup v. County of Clinton green | 1 | 2018–2018 |
| Norment v. Interfaith Center green | 1 | 2017–2017 |
| Schlemme v. Planning Board green | 1 | 2016–2016 |
| Fox v. Marshall green | 1 | 2015–2015 |
| Morris v. Morris green | 1 | 2009–2009 |
| Feeley v. Midas Properties, Inc. green | 1 | 2009–2009 |
| Schenectady International, Inc. v. Employers Insurance green | 1 | 2009–2009 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.