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WILLIAMS-SMITH v. MTA NEW YORK CITY TRANSIT

4502, 402906/08.

82 A.D.3d 512 (2011)

918 N.Y.S.2d 345

PEARL WILLIAMS-SMITH, Appellant, v. MTA NEW YORK CITY TRANSIT, Respondent.

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

Decided March 10, 2011.

Generally, on a motion to dismiss made pursuant to CPLR 3211, the court must accept as true the facts alleged in the complaint and accord the plaintiff the benefit of "every possible favorable inference" (Leon v Martinez, 84 N.Y.2d 83, 87 [1994]). However, the court is not required to accept factual allegations that are negated by documentary evidence (see Maas v Cornell Univ., 94 N.Y.2d 87

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