TAVERNA v. MICROCHIP TECHNOLOGY, INC

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

It is well settled that on a motion to dismiss a pleading for failure to state a cause of action pursuant to CPLR 3211(a)(7), the pleading is to be liberally construed, accepting all the facts alleged therein to be true and according the allegations the benefit of every possible favorable inference (see, Leon v. Martinez, 84 N.Y.2d 83, 87 ). Here, the court properly dismissed the cause of action to recover damages for employment discrimination, since the complaint failed to state the essential elements required for such a cause of action (see, Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-253 ; Ferrante v. American Lung Assn., 90 N.Y.2d 623 ).

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and FEUERSTEIN, JJ., concur.