Saidin v. Negron

136 A.D.3d 458, 24 N.Y.S.3d 504, 2016 NY Slip Op 00881, 2016 N.Y. App. Div. LEXIS 881

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 9, 2016
• Docket: 156 20497/09
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered October 30, 2013, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

The complaint failed to state a cause of action against defendant City of New York under 42 USC § 1983, as plaintiff alleged only a single instance of wrongful conduct by a municipal employee without authority to make decisions regarding official policy (see Oklahoma City v Tuttle, 471 US 808, 821 [1985]; Simpson v New York City Tr. Auth., 112 AD2d 89, 91 [1st Dept 1985], affd 66 NY2d 1010 [1985]). The conclusory allegation of wrongful hiring and training, standing alone, cannot support a section 1983 claim (Eckardt v City of White Plains, 87 AD3d 1049, 1052 [2d Dept 2011]).

Plaintiff abandoned his claim against the individual police officer by failing to oppose that part of the motion to dismiss the claim as against him (see Josephson LLC v Column Fin., Inc., 94 AD3d 479 [1st Dept 2012]).

Concur — Mazzarelli, J.P., Moskowitz, Richter and Gische, JJ.