Summary
dismissing for Plaintiff's failure to state a cause of action
Summary of this case from Xiu Jian Sun v. CuomoOpinion
10-19-2016
XIU JIAN SUN, etc., appellant, v. DICK BAILEY SERVICE, INC., et al., respondents.
Xiu Jian Sun, Flushing, NY, appellant pro se. John F. Clennan, Ronkonkoma, NY, for respondents.
Xiu Jian Sun, Flushing, NY, appellant pro se.
John F. Clennan, Ronkonkoma, NY, for respondents.
Appeal by the plaintiff from an order of the Supreme Court, Kings County (Walker, J.), dated December 4, 2015, which granted the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.
ORDERED that order is affirmed, with costs. “In deciding a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the complaint 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” (Fough v. August Aichhorn Ctr. for Adolescent Residential Care, Inc., 139 A.D.3d 665, 666, 30 N.Y.S.3d 677 ; see Leon v. Martinez, 84 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511 ).
In this case, the complaint does not set forth any legal theory, nor does it assert any fact in support of a legal theory. Accordingly, the Supreme Court properly granted the defendants' motion to dismiss the complaint for failure to state a cause of action.
DILLON, J.P., ROMAN, HINDS–RADIX and DUFFY, JJ., concur.