RODRIGUEZ v. CITY OF NEW YORK

Index No. 28675/18. Appeal No. 13662. Case No. 2019-5301.

193 A.D.3d 603 (2021)

142 N.Y.S.3d 800

2021 NY Slip Op 02477

Hector Rodriguez et al. Appellants, v. City of New York et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 22, 2021.


Attorney(s) appearing for the Case

Akin Law Group PLLC, New York ( Leopold Raic and Robert D. Salaman of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Claibourne Henry of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.


It is undisputed that plaintiffs failed to file or serve a timely notice of claim with defendant DOE pursuant to Education Law § 3813(1). Thus, their claims of discrimination against the DOE were properly dismissed (see Laboy v City of New York, 159 A.D.3d 632, 633 [1st Dept 2018], lv denied 33 N.Y.3d 904 [2019]; see also Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 N.Y.2d 539

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