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Bah v. City of New York

Supreme Court of New York, Second Department

July 17, 2013

Amina Bah, appellant,
v.
City of New York, et al., respondents. Index No. 29770/10

Bader Yakaitis & Nonnenmacher, LLP, New York, N.Y. (John J. Nonnenmacher of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Elizabeth S. Natrella of counsel), for respondents.

WILLIAM F. MASTRO, J.P. RUTH C. BALKIN L. PRISCILLA HALL LEONARD B. AUSTIN, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for false arrest, battery, and civil rights violations pursuant to 42 USC § 1983, the plaintiff appeals from an order of the Supreme Court, Kings County (Velasquez, J.), dated May 16, 2012, which granted the cross motion of the defendants, City of New York and New York City Police Department, for summary judgment dismissing the plaintiff's cause of action to recover damages for civil rights violations pursuant to 42 USC § 1983 insofar as asserted against the defendant City of New York, and denied that branch of her motion which was for leave to amend her complaint to further amplify her cause of action pursuant to 42 USC § 1983.

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly granted the cross motion of the defendants, City of New York and New York City Police Department, for summary judgment dismissing the cause of action to recover damages for civil rights violations pursuant to 42 USC § 1983 insofar as asserted against the defendant City of New York. In opposition to the defendants' prima facie showing of entitlement to judgment as a matter of law, the plaintiff produced no evidentiary support for her claim that the acts which allegedly deprived her of her constitutional rights were performed pursuant to an express or implied policy or custom of the City, and thus failed to raise a triable issue of fact (see e.g. Rodgers v City of New York, 106 A.D.3d 1068; Holland v City of Poughkeepsie, 90 A.D.3d 841, 847; Graham v City of New York, 279 A.D.2d 435, 436; Holmberg v Sheriff's Off., County of Orange, 279 A.D.2d 551; Mann v Alvarez, 242 A.D.2d 318, 319-320; Jackson v Police Dept. of City of N.Y., 192 A.D.2d 641, 642, cert denied 511 U.S. 1004; Jenkins v City of N.Y., 478 F.3d 76, 95; see generally Cozzani v County of Suffolk, 84 A.D.3d 1147; Bryant v City of New York, 188 A.D.2d 445, 446).

Additionally, the Supreme Court properly denied that branch of the plaintiff's motion which was for leave to amend her complaint to amplify her cause of action pursuant to 42 USC § 1983 (see Spodek v Neiss, 104 A.D.3d 758, 759; Abakporo v Daily News, 102 A.D.3d 815, 817; Russo v Lapeer Contr. Co., Inc., 84 A.D.3d 1344).

MASTRO, J.P., BALKIN, HALL and AUSTIN, JJ., concur.


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