Waterbury v. New York City Ballet Inc.

The following e-filed documents, listed by NYSCEF document number (Motion 005) 83-96, 145-148, 165-173, 183 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 006) 97, 98, 149, 150, 151, 152, 175, 184 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 007) 100-107, 153-156, 174, 185 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 008) 108-128, 157-160, 181, 186 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 009) 129-132, 161-164, 176-180, 187 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 010) 133-144, 182, 188 were read on this motion to/for DISMISS. DECISION ORDER ON MOTION   Upon the foregoing documents, the motions are resolved as follows: Motion Sequence Nos. 005, 006, 007, 008, 009, and 010 are consolidated for disposition. In Motion Sequence No. 005, defendant Chase Finlay (“Finlay”) moves for an order, (1) pursuant to CPLR 3211(a)(1) and (a)(7), dismissing plaintiff Alexandra Waterbury’s (“Waterbury”) fourth cause of action for negligence, sixth cause of action for assault, seventh cause of action for battery, twelfth cause of action for violation of the Administrative Code of the City of New York (“Administrative Code”) Section 10-180 (“NYCAC 10-180″),¹ fifteenth cause of action for negligent infliction of emotional distress, sixteenth cause of action for intentional infliction of emotional distress, and nineteenth cause of action for invasion of privacy based on a lack of documentary evidence and for failure to state a cause of action; and (2), pursuant to CPLR 3024(b), striking scandalous and prejudicial material from the Complaint and removing the Complaint from the Court file. In Motion Sequence No. 006, defendant Amar Ramasar (“Ramasar”) moves for an order, pursuant to CPLR 3211(a)(7), dismissing Waterbury’s fifth cause of action for negligence, eighth cause of action for assault, and ninth cause of action for battery with prejudice. In Motion Sequence No. 007, defendant New York City Ballet, Inc. (“NYCB”) moves for an order, pursuant to CPLR 3211(a)(1) and (a)(7), dismissing the SAC in its entirety as against it, with prejudice, for failure to state a cause of action.² In Motion Sequence No. 008, defendant School of American Ballet (“SAB”) moves for an order, pursuant to CPLR 3211(a)(1) and (a)(7), dismissing the SAC in its entirety as against it, with prejudice and for sanctions, pursuant to 22 NYCRR 130-1.1, against Waterbury, her counsel, and her counsel’s law firm for filing the instant action.³ In Motion Sequence No. 009, defendant Zach Catazaro (“Catazaro”) moves for an order, pursuant to CPLR 3211(a)(7), dismissing the SAC in its entirety as against him and awarding costs for defending against the instant litigation.⁴ In Motion Sequence No. 010, defendant Jared Longhitano (“Longhitano”) moves for an order, pursuant to CPLR 3211(a)(7), dismissing the SAC in its entirety as against him for failure to state a cause of action.⁵ The Parties During the relevant time period, Waterbury was a nineteen-year old ballet dancer and former student of SAB. NYSCEF Doc. No. 77, 12 (SAC). NYCB is a domestic non-profit corporation that owns, operates, and manages the production company known as The New York City Ballet. Id.,

13-14. SAB is alleged to be the official school for NYCB and shares the same founder and owner. Id., 25. It is also alleged that graduation from SAB is required to perform for NYCB. Id. Finlay, Ramasar, and Catazaro were each employed by NYCB during the relevant time period as principal dancers, also commonly known as “principals” in ballet terms. Id.,