Racine v. City of New York

Opinion

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THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK a re BORIS RACINE DOCKET NO. 23 Civ. 3202 (CM) Plaintiff, v. ORDER OF THE CITY OF NEW YORK, et. al. DISMISSAL PURSUANT TO FRCP Defendants. 41(a)(2) a ere ee □ i SENT ¥ RONIC: LY FILED FRCP 41(a)(2) ORDER OF DISMISSAL (a)(2) FILED: bier | Pursuant to Kane v. Mount Pleasant Cent. Sch. Dist.. 80 F.4th 101 *; 2023 U.S. App. LEXIS 21529** (https://dockets.justia.com/docket/new-york/nysdce/7:2020cv07936/545048/), Plaintiff's action is time barred and must be dismissed. This dismissal is without prejudice and will not operate as an adjudication on the merits of any claims timely filed in New York State Court pursuant to Adult Survivors Act and CPLR 214-j and/or any related claims. Specifically, the matter pending in the New York State Bronx Supreme Court with index number 300158/2012E and any claims related to the Adult Survivors Act and CPLR 214-j are not affected by this Order of dismissal and this dismissal shall not be an adjudication on the merits of any timely filed New York State court claims. Dated: December 15, 2023 New York, New York

Hon. Colleen McMahon 24/4 □□□□ USDCJ

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