What is the test for a motion to dismiss for failure to state a cause of action under a lease agreement?

such a claim. While facts alleged in the petition are accepted as true on a motion to dismiss for failure to state a cause of action, "dismissal of [a claim] is warranted if the plaintiff fails to assert facts in support of an element of the claim" (Connaughton v. Chipotle Mexican Grill, Inc., 29 N.Y.3d 137, 14344, 53 N.Y.S.3d 598, 75 N.E.3d 1159, 2017 N.Y. Slip Op. 03445, *4, 2017 WL 1553000 [2017] ). As such, the petition fails to state a cause of action under this provision of the lease.