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King v. Board of Educ. of the City Sch. Dist. of N.Y. City

Former Teacher's Untimely Retaliation Claims Barred By Statute of Limitations

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 were read on this motion to/for        DISMISSAL. DECISION ORDER ON MOTION Upon the foregoing papers, defendants’ motion to dismiss this action pursuant to CPLR §§3211(a)(1) and (7) is granted and plaintiffs cross-motion to amend her complaint is denied. FACTUAL BACKGROUND According to the complaint’s allegations, which the Court accepts as true for the purposes of this motion (See Leon v. Martinez, 84 NY2d 83, 87 [1994]), plaintiff was hired by defendant Board of Education of the City School District of New York City (“DOE”) as a probationary teacher in the High School for Fashion Industries in April of 2014 (NYSCEF Doc. No. 3 [Amended Complaint at 10]). On November 30, 2017, students in plaintiffs class showed her a contemporaneous social media post showing students carrying guns inside the school (Id. at 11). Plaintiff promptly notified the school’s administration (Id.). School administrators subsequently stated that these guns were “fake” and informed others that these students had been stopped at the school doors and informed others that these students had been stopped at the school’s entrance (Id. at

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