DAVIS v. NEW YORK CITY TRANSIT AUTHORITY (2024)

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

Kevin B. DAVIS, Plaintiff–Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant–Respondent.

3361

Decided: December 31, 2024

Renwick, P.J., González, Rodriguez, Higgitt, Rosado, JJ.

Kevin B. Davis, appellant pro se. New York City Transit Authority, Brooklyn (Gabriella Palencia of counsel) for respondent.

Order, Supreme Court, Bronx County (Naita A. Semaj, J.), entered October 16, 2023, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(7), unanimously affirmed, without costs.

The court correctly granted defendant's motion to dismiss the complaint. Even drawing all inferences in favor of plaintiff (see Held v. Kaufman, 91 N.Y.2d 425, 432, 671 N.Y.S.2d 429, 694 N.E.2d 430 [1998]), we do not find any cognizable cause of action in the complaint. For example, although this is an action for harassment and bias, plaintiff does not allege discrimination on the basis of race, gender, or any other category protected by the State or City Human Rights Law. Nor does plaintiff's response to the motion to dismiss remedy the defects in the complaint (see Leon v. Martinez, 84 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511 [1994]).

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