Skalafuris v. City of New York et al, No. 1:2009cv05693 - Document 21 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER re:#98715 15 MOTION to Dismiss, filed by New York City College of Technology, City of New York, 18 MOTION CROSS MOTION COUNTER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WITH PLAINTIFFS MOTION FOR DEFAULT JUDGMENT, filed by Angelo J. Skalafuris: for the reasons stated above, Skalafuris's NY?SHRL and ADEA claims are dismissed. Ordinarily, I would permit Skalafuris, as a pro se plaintiff, to amend him complaint. However, because these claims are barred respectively by the election of remedies doctrine and the sovereign immunity doctrine, granting leave to amend would be futile. Accordingly, chose claims are dismissed with prejudice. In addition, because I have already dismissed Skalafuris' state and federa l claims, I need not address his motion for summary judgment, which is hereby denied. The Clerk of Court is directed to close these motions (Docket Nos. 15 and 18) and this case. (Signed by Judge Shira A. Scheindlin on 3/22/10) (cd) Modified on 3/24/2010 (eef).

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