Search for: "Garcia v. Chipotle Mexican Grill, Inc." Results 1 - 3 of 3
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5 Feb 2021, 3:07 am by Andrew Lavoott Bluestone
“On a motion to dismiss for failure to state a cause of action under CPLR 3211(a)(7), ‘[w]e accept the facts as alleged in the complaint as true, accord plaintiff[ ] the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory'” (Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d 137, 141, quoting Leon v Martinez, 84 NY2d at 87-88). [read post]