Castro v. City of New York

OPINION OF THE COURT

Mitchell J. Danziger, J.

In this action for wrongful termination pursuant to Civil Service Law § 75-b, defendant moves seeking an order pursuant to CPLR 3211 (a) (7) dismissing this action on grounds that the complaint fails to state a cause of action. Specifically, defendant asserts that the cause of action pursuant to Civil Service Law § 75-b was never alleged in plaintiff’s notice of claim and as such it is barred. In addition, defendant asserts that this cause of action is also barred insofar as plaintiff, in amending his complaint, withdrew his cause of action pursuant…