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29 Aug 2018, 12:42 pm
Morrison, supra, at 267 (quoting Superintendent of Ins. of N. [read post]
10 Aug 2018, 2:59 pm by Rebecca Tushnet
  Miller: dissent in INS v. [read post]
6 Aug 2018, 3:14 am by Andrew Lavoott Bluestone
On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]