When will a motion to dismiss a claim for failure to state a cause of action be dismissed?

Upon any motion to dismiss a claim for failure to state a cause of action, this court's sole inquiry is whether the facts alleged in the complaint fall within any cognizable legal theory, not whether there is any evidentiary support for the allegations in the complaint. In this respect, pleadings should be liberally construed and if, from the four corners of the pleading, factual allegations can be discerned which, taken together, manifest any claim cognizable at law, the pleading should not be dismissed (CPLR 3211[a][7]; see Foley v. D'Agostino, 21 AD2d 60). Viewing the aforementioned evidence in a light most favorable to plaintiff and in light of the

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