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SARVA v. SELF HELP COMMUNITY SERVICES, INC.

2009-09359.

73 A.D.3d 1155 (2010)

903 N.Y.S.2d 77

SHAILAJA SARVA, Respondent, v. SELF HELP COMMUNITY SERVICES, INC., Defendant, and DEPARTMENT OF SOCIAL SERVICES OF CITY OF NEW YORK, Appellant.

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

Decided May 25, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the pleading is to be afforded a liberal construction (see Kempf v Magida, 37 A.D.3d 763, 764 [2007]). The court must accept the facts as alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference...

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