Rodriguez v. The City Of New York , et al, No. 1:2021cv08565 - Document 45 (S.D.N.Y. 2022)

Court Description: MEMORANDUM ORDER AND DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT re: 21 MOTION to Dismiss . filed by The City Of New York,, 34 MOTION for Summary Judgment on i mmunity. MOTION to Dismiss . filed by Michelle Gonzalez, Antoinette Douglas, Lachonda Lucas, 23 FIRST MOTION for Summary Judgment . filed by Michelle Gonzalez, Antoinette Douglas, Lachonda Lucas. For the reasons discus sed above, the Defendants' motions to dismiss Counts II and V are granted. Counts II and V are dismissed. Count III is dismissed as against Defendant Bastian. Defendant Bastian is dismissed from this case. The City's motion to dismiss Count VI is granted in part, denied in part. Count VI is dismissed to the extent it alleges a violation of Article I §§ 1, 8, 9, 11, and 12 and denied to the extent it alleges a violation of Article I §6 of the New York State Constitution. The Defendants' motions as to Counts I, III, IV, and VII are otherwise denied. The Clerk of Court is respectfully directed to close the open motions at Docket Numbers 21, 23, and 34. This constitutes the decision and order of the Court. It is a written opinion. Steven Bastian terminated. (Signed by Judge Colleen McMahon on 8/22/2022) BY ECF TO ALL COUNSEL (kv)