Robbins v. County of Broome

—Appeal from an order and judgment of the Supreme Court (Smyk, J.), entered January 15, 1992 in Broome County, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action.

Accepting as true the factual allegations of the complaint and construing it liberally in plaintiff’s favor (see, Hall Heating Co. v New York State Elec. & Gas Corp., 180 AD2d 957), we are of the view that Supreme Court erred in granting defendant’s motion to dismiss the complaint for failure to state a cause of action. The complaint alleges that plaintiff "[w]hile employed by defendant *…