Wong v. City of New York

Full title: Sze Tung Wong, Plaintiff, v. The City of New York, MTA New York City…

Court: United States District Court, S.D. New York

Date published: Jul 9, 2010

09cv8026 (GBD) (S.D.N.Y. Jul. 9, 2010)

Opinion

09cv8026 (GBD).

July 9, 2010

ORDER

GEORGE DANIELS, District Judge

Defendants move pursuant to Fed. R Civ. P. 12(b)(6), to dismiss Plaintiff's complaint for failure to state a claim. Defendants' motion to dismiss is granted.

Plaintiff has withdrawn claims: (1) pursuant to 42 USC § 1981; (2) pursuant to 42 USC § 1981(a); (3) pursuant to 42 USC § 1983; (4) first amendment retaliation; and (5) against the individual defendants pursuant to Title VII.

Plaintiff is granted leave to amend the complaint in regard to claim (5) pursuant to Title VII against defendant NYC Transit Authority; (6) pursuant to New York State Executive Law § 296 against the defendants NYC Transit Authority, William Fortunato, Lawrence Greenfield and Thomas Persaud; and (7) pursuant to New York City Administrative Code § 8-107(1) against the defendants NYC Transit Authority, William Fortunato, Lawrence Greenfield and Thomas Persaud.