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Poveda v. N.Y.C. Dep't of Ed.

Teacher Fails to Comply With Condition Precedent in Filing Notice of Claim Against DOE

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The following papers numbered 1 to _5_ Read on this motion, DISMISSAL Noticed on August 31, 2017 and duly submitted on the Motion Calendar of October 5, 2017:PAPERS NUMBEREDNotice of Motion — Exhibits and Affidavits Annexed         1,2Answering Affidavit and Exhibits (Cross-Motion)               3,4Answering Affidavit and Exhibits        5Affidavits and Exhibits (Pl. Reply)Pleadings — ExhibitStipulation(s) — Referee’s Report — MinutesFiled PapersMemoranda of Law

*1  Upon the foregoing papers, the defendant New York City Department of Education (“Defendant”) moves for an order dismissing the complaint of the plaintiff Catia Poveda (“Plaintiff”) pursuant to CPLR 3211(a)(5) and (a)(7), on the grounds that (1) Plaintiff has failed to comply with applicable notice of claim requirements, a necessary condition precedent to commencing this action, and (2) that any claim that accrued prior to February 22, 2016 is time-barred by the applicable statute of limitations, and (3) that the complaint otherwise fails to state a cause of action. Plaintiff opposes the motion.I. BackgroundPlaintiff was a teacher formerly employed by Defendant. Plaintiff’s complaint alleges that throughout the 2012-2013 school year she was subjected to continual harassment by another teacher regarding her religious headscarf. Plaintiff alleges that on or about June and September 2013, she verbally complained to her assistant principal and principal regarding this conduct, but these individuals took no action. Plaintiff thereafter lodged a formal complaint with the Office of Special Investigations regarding the

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