Legal Opinion

Saidin v. Negron

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 2016No. 156 20497/09PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered October 30, 2013, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

The complaint failed to state a cause of action against defendant City of New York under 42 USC § 1983, as plaintiff alleged only a single instance of wrongful conduct by a municipal employee without authority to make decisions regarding official policy (see Oklahoma City v Tuttle, 471 US 808, 821 [1985]; Simpson v New York City Tr. Auth., 112 AD2d 89, 91 [1st…

2Cases cited3 opinions

  1. City of Oklahoma v. TuttleSupreme Court of the United States · 1985
  2. Simpson v. New York City Transit AuthorityNew York Court of Appeals · 1985
  3. Josephson LLC v. Column Financial, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by4 opinions

  1. Fludd v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. M.H. v. Bed Bath & Beyond Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Flavin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
  4. Saidin v. City of New YorkDistrict Court, S.D. New York · 2019

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