AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

R.A.C. GROUP, INC., et al., respondents, v. BOARD OF EDUCATION OF CITY OF NEW YORK, appellant, et al., defendants.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the Board of Education of the City of New York, and the action against the remaining defendants is severed.

The plaintiffs' first cause of action, which alleges tortious interference with contract by the defendant Board of Education of the City of New York, is barred by the plaintiffs' failure to timely file a notice of claim pursuant to Education Law § 3813(2) and General Municipal Law § 50-e (see Bib Constr. Co. v. City of Poughkeepsie, 273 A.D.2d 186, 187; Nu-Life Constr. Corp. v. Board of Educ. of City of N.Y., 204 A.D.2d 106, 107).

Moreover, because the plaintiffs failed to plead the existence of a specific policy or custom which deprived them of a constitutional right in violation of 42 U.S.C. § 1983, that cause of action must be dismissed as well (see Holmberg v. Sheriff's Off. County of Orange, 279 A.D.2d 551; Graham v. City of New York, 279 A.D.2d 435, 436; Liu v. New York City Police Dept., 216 A.D.2d 67, cert denied 517 U.S. 1167; Pang Hung Leung v. City of New York, 216 A.D.2d 10, 11).

SMITH, J.P., O'BRIEN, McGINITY and TOWNES, JJ., concur.

Use AI to get other relevant cases.

Comments

R.A.C. GROUP v. BOARD OF EDUCATION
(Jun 18, 2002)