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BUMPUS v. NEW YORK CITY TRANSIT AUTHORITY

47 A.D.3d 653 (2008)

851 N.Y.S.2d 591

TRACY BUMPUS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 15, 2008.

Ordered that the order is affirmed, with costs.

On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the complaint must be liberally construed. All allegations contained in it must be accepted as true, and the plaintiff must be accorded "the benefit of every possible favorable inference" (Leon v Martinez, 84 N.Y.2d 83, 87 [1994]). The appropriate inquiry is whether the complaint, so viewed, states "`in some recognizable...

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