Legal Opinion

James v. City of New York

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

Decided November 10, 2016No. 2150 157296/14PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about April 2, 2015, which granted the motion of defendant City of New York to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously modified, on the law, to reinstate plaintiff’s claims relating to facially timely allegations arising after July 25, 2011, as well as his claim relating to the alleged ongoing policy of preventing him from searching inmates, and otherwise affirmed, without costs.

Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a…

2Cases cited7 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Bennett v. Health Management Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. St. Jean Jeudy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  4. Anderson v. Edmiston & Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Santiago-Mendez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by5 opinions

  1. Crawford v. American Broadcasting Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Crawford v. American Broadcasting Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Doe v. New York City Police Dept.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Doe v. New York City Police Dept.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Mikesh v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2025

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