Legal Opinion

Falchenberg v. New York City Department of Education

District Court, S.D. New York

Decided July 1, 2005No. 04 Civ. 7598(RWS)PublishedCited by 17 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

The defendants New York City Department of Education (“DOE”), the City of New York (the “City”) (collectively the “City Defendants”) • have moved under Rule 12, Fed.R.Civ.P., to dismiss the complaint of plaintiff Marsha Falchenberg (“Falchenberg” or the “Plaintiff’) for failure to state a claim. For the reasons set forth below, the motion is granted.

Prior Proceedings

Falchenberg filed her complaint on September 24, 2004 alleging that the defendants, including the DOE and the City, discriminated against her in violation of the Americans with Disabilities Act, 42…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  5. Eternity Global Master Fund Limited v. Morgan Guaranty Trust Company of New York and Jpmorgan Chase BankCourt of Appeals for the Second Circuit · 2004

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3Cited by17 opinions

  1. Sotomayor v. City of New YorkDistrict Court, E.D. New York · 2012
  2. Bacchus v. New York City Department of EducationDistrict Court, E.D. New York · 2015
  3. Brown v. the Pension BoardsDistrict Court, S.D. New York · 2007
  4. Dimitracopoulos v. City of New YorkDistrict Court, E.D. New York · 2014
  5. Cotz v. MastroeniDistrict Court, S.D. New York · 2007

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