Chenkin v. City of New York
Opinion of the Court
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered July 6, 2011, which granted defendant’s motion to dismiss the complaint, and denied plaintiffs motion for leave to amend the complaint, unanimously affirmed, without costs.
The dismissal of plaintiffs state tort claims was proper, either because those claims were not included in the notice of claim, because they were untimely or because the facts alleged failed to state a cause of action. Plaintiffs cause of action under 42 USC § 1983 (see Monell v New York City Dept, of Social Servs., 436 US 658, 690 [1978]), based on a claimed policy under which the police automatically arrest the accused in domestic disputes regardless of whether the criminal conduct of which they are accused is “trivial,” was also properly dismissed. While a notice
We have considered plaintiffs remaining contentions and find them unavailing. Concur—Tom, J.P, Saxe, Moskowitz, AbdusSalaam and Gische, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.