Summary
affirming dismissal of claim for negligent hiring, training, or supervision where notice of claim did not mention that cause of action; action involved illegal arrest and malicious prosecution
Summary of this case from Fincher v. County of WestchesterOpinion
December 7, 1992
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents City of New York and New York City Housing Authority appearing separately and filing separate briefs.
This action arose from an incident in which certain police officers and employees of the defendant New York City Housing Authority allegedly entered the plaintiffs' apartment, committed assault and battery upon them, and then illegally arrested and maliciously prosecuted them.
Due to the plaintiffs' failure to set forth in their notice of claim any allegations concerning negligent hiring, training, or supervision on the part of the municipal defendants, these causes of action were properly dismissed (see, General Municipal Law § 50-e; O'Brien v City of Syracuse, 54 N.Y.2d 353; Brown v New York City Tr. Auth., 172 A.D.2d 178; Mazzilli v City of New York, 154 A.D.2d 355). The plaintiffs' application to amend their notice of claim to include these causes of action was properly denied (see, DeMorcy v City of New York, 137 A.D.2d 650).
Given the complete absence of any factual allegations in the complaint regarding the alleged "policies" of the municipal defendants which led to the officers' conduct, or evidencing their approval or "ratification" of this conduct, the plaintiffs' causes of action against these defendants pursuant to 42 U.S.C. § 1983 were properly dismissed (see, Monell v New York City Dept. of Social Servs., 436 U.S. 658, 690-691; Salahuddin v Cuomo, 861 F.2d 40, 43; Dewey v University of N.H., 694 F.2d 1, 3, cert denied 461 U.S. 944; Willinger v Town of Greenburgh, 169 A.D.2d 715; cf., Manti v New York City Tr. Auth., 165 A.D.2d 373). In effect, the plaintiffs' causes of action under 42 U.S.C. § 1983 constituted an improper attempt to impose liability on the theory of respondeat superior on the municipal defendants (see, Canton v Harris, 489 U.S. 378; Creary v Village of Mamaroneck, 110 A.D.2d 870). Furthermore, the court properly denied the plaintiffs leave to replead these causes of action based upon their failure to submit any evidence justifying the granting of such relief (see, CPLR 3211 [e]; ATI, Inc. v Ruder Finn, 42 N.Y.2d 454, 461; Burlew v American Mut. Ins. Co., 99 A.D.2d 11, 17, affd 63 N.Y.2d 412).
We have examined the plaintiffs' remaining contention and find it to be without merit. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.