ost favorable to the plaintiff' (Gruen v County of Suffolk, 187 AD2d 560, 562, 590 NYS2d 217 [2d Dept 1992]; see also Rosen v Watermill Dev. Corp., 1 AD3d 424, 425, 768 NYS2d 474 [2d Dept 2003)), and the pleading is to be afforded a liberal construction (CPLR 3026). The court must also accept the facts as