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: New York Public Personnel LawLawsuit dismissed for failure to specify the acts or omissions of unlawful discrimination underlying the complaint
Roth v State University of New York, et. al., 61 AD3d 476
Jeffrey Roth sued SUNY?s State College of Optometry and named individuals, alleging he was the victim of unlawful discrimination. He couched his complaint in terms of the College?s ??violations of federal, New York State, and New York City human rights laws, including but not limited to? various named statutes.?
The Appellate Division said that numerous potential causes of action may be brought under these statutes.? Accordingly, Roth?s summons, said the court, left College and the various named officials to guess the precise claims against them.
Such a summons failed to comply with the notice requirements of CPLR 305(b) and thus was jurisdictionally defective. Further, noted the court in dismissing Roth?s appeal, because the summons was jurisdictionally defective, it could not be amended.
Full post as published by New York Public Personnel Law on February 08, 2010 (boomark / email).
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