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ORTIZ v. CITY OF NEW YORK

No. 10 Civ. 3576(BMC).

755 F.Supp.2d 399 (2010)

William ORTIZ, Plaintiff, v. THE CITY OF NEW YORK, Defendant.

United States District Court, E.D. New York.

December 13, 2010.

Attorney(s) appearing for the Case

Eric Sanders , Jeffrey L. Goldberg , Jeffrey L. Goldberg, P.C., Lake Success, NY, Susan P. Bernstein , Jeffrey L. Goldberg P.C., New Hyde Park, NY, for Plaintiff.

Maxwell Douglas Leighton , New York City Law Department, New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

This case is before me on defendant's motion to dismiss. The City of New York argues that this 42 U.S.C. § 1981 civil rights action must be dismissed because the complaint fails to state a plausible claim and because a re-pled 42 U.S.C. § 1983 action would not be timely. I conclude that § 1983 provides the exclusive cause of action for...

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