Opinion
February 2, 1996
Appeal from the Supreme Court, Erie County, Notaro, J.
Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Pursuant to CPLR 3211 (a) (7), Supreme Court properly dismissed all causes of action against defendants Niagara Frontier Transportation Authority, Gerald Chiarmonte, John Doe, Richard Roe and William Woe. Accepting the allegations in the complaint as true and according plaintiff every favorable inference (see, Campaign for Fiscal Equity v. State of New York, 86 N.Y.2d 307, 318), we conclude that the complaint fails to state a cause of action against those defendants. We reinstate, however, the fourth cause of action against defendants Independent Taxi Association, Inc. (ITA) and Leo F. Walsh, Jr., insofar as it alleges wrongful suspension from ITA in violation of its by-laws (see, Matter of Ames v. Central Oneida County Volunteer Ambulance Corps, 81 A.D.2d 1035, 1036; Bloch v. Veteran Corps of Artillery, 61 A.D.2d 772, 773). All remaining causes of action against ITA and Walsh were properly dismissed.