Chong v. New York City Transit Authority

Appeal by defendant New York City Transit Authority, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated April 16, 1980, as denied its motion to dismiss the second cause of action of the complaint, pursuant to CPLR 3211 (subd [a], par 7), for failure to state a cause of action. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion to dismiss plaintiff’s second cause of action is granted with leave to the plaintiff to replead. Plaintiff, if he be so advised, may serve an amended complaint within…