Hussain v. City of New York

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered on or about March 25, 2015, which, to the extent appealed from as limited by the briefs, granted defendants’ motion pursuant to CPLR 3211 to dismiss the fifth and sixth causes of action as against defendant City of New York, unanimously affirmed, without costs.

Supreme Court correctly dismissed the fifth cause of action alleging negligence, since the allegations, to the extent not conclusory, allege intentional torts, not negligence (Salemeh v Toussaint, 25 AD3d 411, 412 [1st Dept 2006]; accord Smiley v North Gen. Hosp., 59…