Preview
FILED: KINGS COUNTY CLERK 01/03/2023 09:51 PM INDEX NO. 508124/2022
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SHANEQUA BROWN,
Plaintiff,
NOTICE OF MOTION TO
- against - DISMISS THE AMENDED
COMPLAINT
CITY OF NEW YORK, DR. PETTIFORD,
Individually, Index No. 508124/2022
Defendants.
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PLEASE TAKE NOTICE that, upon the annexed Affirmation of Karen K.
Rhau, dated January 3, 2023, and the exhibits attached thereto, and upon all prior pleadings and
proceedings heretofore had herein, Defendants The City of New York (“City”) and Dr.
Mayimuna Pettiford (“Dr. Pettiford) will move this Court, in the Motion Support Office of this
Court, Room 227, 360 Adams Street, Brooklyn, New York, on the 10th day of March, 2023, at
9:30 a.m., or as soon thereafter as counsel can be heard, for an order and judgment, pursuant to
Rules 3211(a)(1) and 3211(a)(7) of the New York Civil Practice Law and Rules (“CPLR”),
dismissing the complaint on the following grounds: (1) Plaintiff fails to file a timely notice of
claim, which necessitates the dismissal of all tort claims alleged against Defendants; (2) all the
tort claims should be dismissed against Dr. Pettiford for failure of Plaintiff to allege that there
was a duty owed to Plaintiff; (3)Plaintiff’s complaint fails to state a cause of action for disparate
treatment, retaliation, and hostile work environment based upon her disability or that Defendants
denied Plaintiff’s request for a reasonable accommodation or failed to engage in a cooperative
dialogue, together with granting Defendants such other and further relief as the Court deems just
and proper.
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FILED: KINGS COUNTY CLERK 01/03/2023 09:51 PM INDEX NO. 508124/2022
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/03/2023
PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR Rule 2214(b),
answering papers, if any, shall be served on the undersigned at least seven (7) days before the
return date herein, and any reply affidavits shall be served at least one day before the return date
herein.
PLEASE TAKE FURTHER NOTICE, that, pursuant to Rule 3211(f) of the
CPLR, in the event of the denial of Defendants’ motion to dismiss, in whole or in part, defendant
reserves the right to serve and file an answer to the amended complaint, and respectfully request
thirty (“30”) days from date of service of the order with notice of entry in which to serve an
answer.
Dated: New York, New York
January 3, 2023
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel of the
City of New York
Attorney for Defendants
100 Church Street, Room 2-146
New York, New York 10007-2601
(212) 356-2475
By: /s/ Karen K. Rhau
Karen K. Rhau
Assistant Corporation Counsel
To: John Scola, Esq.
Law Office of John A. Scola, PLLC
Attorney for Plaintiff
90 Broad Street, Suite 1023
New York, NY 10004
T: (917) 423-1445
jscola@johnscolalaw.com
-2-
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FILED: KINGS COUNTY CLERK 01/03/2023 09:51 PM INDEX NO. 508124/2022
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/03/2023
Index No. 508124/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
SHANEQUA BROWN,
Plaintiff,
- against –
CITY OF NEW YORK, DR. MAYIMUNA
PETTIFORD, Individually,
Defendants.
NOTICE OF MOTION TO DISMISS THE
AMENDED COMPLAINT AND AFFIRMATION
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel of the City of New York
Attorney for Defendants
100 Church Street, Room 2-146
New York, N.Y. 10007-2601
Of Counsel: Karen K. Rhau
Telephone: (212) 356-2475
Matter No.: 2022-018098
Due and timely service is hereby admitted.
Dated: New York, N.Y...…………………………. ......2022
Signed...............................................................................
Attorney for ......................................................................
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Preview
FILED: KINGS COUNTY CLERK 01/03/2023 09:51 PM INDEX NO. 508124/2022 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------- x SHANEQUA BROWN, Plaintiff, NOTICE OF MOTION TO - against - DISMISS THE AMENDED COMPLAINT CITY OF NEW YORK, DR. PETTIFORD, Individually, Index No. 508124/2022 Defendants. ----------------------------------------------------------------------- x PLEASE TAKE NOTICE that, upon the annexed Affirmation of Karen K. Rhau, dated January 3, 2023, and the exhibits attached thereto, and upon all prior pleadings and proceedings heretofore had herein, Defendants The City of New York (“City”) and Dr. Mayimuna Pettiford (“Dr. Pettiford) will move this Court, in the Motion Support Office of this Court, Room 227, 360 Adams Street, Brooklyn, New York, on the 10th day of March, 2023, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an order and judgment, pursuant to Rules 3211(a)(1) and 3211(a)(7) of the New York Civil Practice Law and Rules (“CPLR”), dismissing the complaint on the following grounds: (1) Plaintiff fails to file a timely notice of claim, which necessitates the dismissal of all tort claims alleged against Defendants; (2) all the tort claims should be dismissed against Dr. Pettiford for failure of Plaintiff to allege that there was a duty owed to Plaintiff; (3)Plaintiff’s complaint fails to state a cause of action for disparate treatment, retaliation, and hostile work environment based upon her disability or that Defendants denied Plaintiff’s request for a reasonable accommodation or failed to engage in a cooperative dialogue, together with granting Defendants such other and further relief as the Court deems just and proper. 1 of 3 FILED: KINGS COUNTY CLERK 01/03/2023 09:51 PM INDEX NO. 508124/2022 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/03/2023 PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR Rule 2214(b), answering papers, if any, shall be served on the undersigned at least seven (7) days before the return date herein, and any reply affidavits shall be served at least one day before the return date herein. PLEASE TAKE FURTHER NOTICE, that, pursuant to Rule 3211(f) of the CPLR, in the event of the denial of Defendants’ motion to dismiss, in whole or in part, defendant reserves the right to serve and file an answer to the amended complaint, and respectfully request thirty (“30”) days from date of service of the order with notice of entry in which to serve an answer. Dated: New York, New York January 3, 2023 HON. SYLVIA O. HINDS-RADIX Corporation Counsel of the City of New York Attorney for Defendants 100 Church Street, Room 2-146 New York, New York 10007-2601 (212) 356-2475 By: /s/ Karen K. Rhau Karen K. Rhau Assistant Corporation Counsel To: John Scola, Esq. Law Office of John A. Scola, PLLC Attorney for Plaintiff 90 Broad Street, Suite 1023 New York, NY 10004 T: (917) 423-1445 jscola@johnscolalaw.com -2- 2 of 3 FILED: KINGS COUNTY CLERK 01/03/2023 09:51 PM INDEX NO. 508124/2022 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/03/2023 Index No. 508124/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SHANEQUA BROWN, Plaintiff, - against – CITY OF NEW YORK, DR. MAYIMUNA PETTIFORD, Individually, Defendants. NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT AND AFFIRMATION HON. SYLVIA O. HINDS-RADIX Corporation Counsel of the City of New York Attorney for Defendants 100 Church Street, Room 2-146 New York, N.Y. 10007-2601 Of Counsel: Karen K. Rhau Telephone: (212) 356-2475 Matter No.: 2022-018098 Due and timely service is hereby admitted. Dated: New York, N.Y...…………………………. ......2022 Signed............................................................................... Attorney for ...................................................................... 3 of 3