How does a motion to dismiss for failure to state a cause of action proceed?
"New York", United States of America
The following excerpt is from Allaggio v. City of N.Y., 2014 NY Slip Op 32294 (U) (N.Y. Sup. Ct. 2014):
In resolving a motion to dismiss for failure to state a cause of action, the court must accept as true the facts as alleged in the complaint and afford plaintiff the benefit of every favorable inference and determine only whether the facts as
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alleged fit within any cognizable theory. (Guggenheimer v. Ginzburg, 43 NY2d 268, 275 [1977]).
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