Smith v. City of New York et al
Theodore Smith |
City of New York, New York City Department of Education & New York City Department of Investigation and Special Commissioner of Investigation for the New York City School District |
1:2014cv02690 |
April 11, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Naomi Reice Buchwald |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 39 MEMORANDUM AND ORDER. To summarize: The DOI and SCI are improper defendants because they lack the capacity to be sued; the § 1983 and breach-of-contract claims are barred by res judicata or collateral estoppel and also by the applicable statutes of limitations; and the § 1983 and ERISA claims fail to state a claim upon which relief can be granted. Therefore, defendants' motion to dismiss (Doc. No. 19) is granted and the Second Amended Complaint is dismissed with prejudice. The Clerk of Court shall enter judgment. IT IS SO ORDERED. Granting 19 Motion to Dismiss. (Signed by Judge Naomi Reice Buchwald on 9/3/2015) Copies Mailed By Chambers. (rjm) |
Filing 31 MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, the motion for recusal is denied. Denying 29 Motion for Recusal. (Signed by Judge Naomi Reice Buchwald on 4/7/2015) Copies Mailed By Chambers. (rjm). |
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