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Shahid v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 2, 2008

ABDUS SHAHID, ET AL., APPELLANTS,
v.
CITY OF NEW YORK, RESPONDENT.

In an action to recover damages for harassment, discrimination based upon race and/or national original, and intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated December 13, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO and CHERYL E. CHAMBERS, JJ.

(Index No. 5790/07)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law (see Mago, LLC v Singh, 47 AD3d 772; Ralin v City of New York, 44 AD3d 838; Wylie v District Attorney of County of Kings, 2 AD3d 714, 721). In opposition, the plaintiffs failed to raise a triable issue of fact.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and CHAMBERS, JJ., concur.

20081202

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