*1 In this action for sexual harassment, discrimination and hostile work environment, plaintiff asserts fourteen causes of action and seeks to recover lost earnings, unpaid wages, and punitive, compensatory and liquidated damages, plus reasonable attorney’s fees, interest and costs. Defendants move to dismiss the complaint, pursuant to CPLR 3211(a)(7), for failure to state a cause of action, and, pursuant to CPLR 3211(a)(8), for lack of jurisdiction. More specifically, defendants’ motion asserts that the court’s lack of jurisdiction is based on improper venue and/or forum non conveniens. Plaintiff opposes.*2
Failure to State ClaimOn a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept as true the facts alleged in the complaint as well as all reasonable inferences that may be gleaned from those facts (Amaro v. Gani Realty Corp., 60 AD3d 491; Skillgames, LLC v. Brody, 1 AD3d 247, 250, citing McGill v. Parker, 179 AD2d 98, 105; see also Cron v. Harago Fabrics, 91 NY2d 362, 366). The court is not permitted to assess the merits of the complaint or any of its factual allegations, but may only determine if, assuming the truth of the facts alleged, the complaint states the elements of a legally cognizable cause of action (Skillgames, id., citing Guggenheimer v. Ginzburg, 43 NY2d 268, 275). Deficiencies in the complaint may be remedied by affidavits submitted by the plaintiff (Amaro, 60 NY3d at 491). “However, factual allegations that do not state a viable cause of action, that consist of bare legal conclusions, or that are inherently incredible or clearly contradicted by documentary evidence are not entitled to such consideration” (Skillgames, 1 AD3d at 250, citing Caniglia v. Chicago Tribune-New York News Syndicate, 204 AD2d 233).Here, plaintiff has pleaded allegations which, if true, may state a legally cognizable cause of action against defendants. Accepting a liberal construction of these allegations, and affording such allegations every deference, plaintiff’s claims of sexual harassment, hostile work environment and discrimination are minimally adequate to satisfy the pleading requirements for such claims. The parties here should engage in appropriate discovery in resolution of the matter. Accordingly, the defendants’ motion to dismiss for failure to state a cause of action is denied.Forum Non ConveniensCPLR 327(a) codifies the doctrine of forum non conveniens. It states that “when the court finds that in the interest of substantial justice the action should be heard in another forum, the court, on the motion of any party, may stay or dismiss the action in whole or in part on any conditions that may be just. The domicile or residence in this state of any party to the action shall not preclude the court from staying or dismissing the action” (CPLR 327[a]).
