Ordered that the order is affirmed, with costs.
In considering a motion to dismiss pursuant to CPLR 3211 (a) (7) the court must accept the plaintiff's allegations as true and must "resolve all inferences which reasonably flow therefrom in favor of the pleader" ( Sanders v Winship, 57 N.Y.2d 391, 394; see also, Leon v Martinez, 84 N.Y.2d 83, 87; Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275; 219 Broadway Corp. v Alexander's, Inc., 46 N.Y.2d 506; Bovino v Village of Wappingers Falls, 215 A.D.2d 619). Moreover, the "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint" ( Leon v Martinez, supra, at 88; Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635). Applying these standards to the instant case, we conclude that the Supreme Court properly denied the motion to dismiss. Thompson, J.P., Ritter, Joy and Florio, JJ., concur.