Daniel v. City of New York, No. 1:2020cv11028 - Document 27 (S.D.N.Y. 2021)

Court Description: OPINION AND ORDER re: 20 FIRST MOTION to Dismiss the Second Amended Complaint. filed by City of New York, 14 FIRST MOTION to Dismiss the Amended Complaint. filed by City of New York. For the foregoing reasons, the Cour t grants the City's motion to dismiss the SAC's federal claims. That dismissal is with prejudice, as the SAC was Daniel's third complaint, and he has not identified any factual basis on which these claims may be rehabilitated. See Cuoc o v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). The Court declines to exercise supplemental jurisdictional over Daniel's NYSHRL and NYCHRL claims. These claims are dismissed without prejudice. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 14 and 20, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/16/2021) (kv) Transmission to Orders and Judgments Clerk for processing.