On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff
Here, the complaint, viewed in the light most favorable to the plaintiff (see Leon v Martinez, 84 NY2d at 87-88), failed to set forth allegations sufficient to state a cause of action to recover damages for legal malpractice (see Kennedy v H. Bruce Fischer, Esq., P.C., 78 AD3d 1016, 1018 [2010]; DeNatale v Santangelo, 65 AD3d 1006 [2009]; Analisa Salon, Ltd. v Elide Props., LLC, 63 AD3d 1091 [2009]). Accordingly, the Supreme Court properly granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Skelos, J.E, Belen, Hall and Roman, JJ., concur. [Prior Case History: 27 Misc 3d 1235(A), 2010 NY Slip Op 51041(U).]