MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Miranda Sanders brings this action under 42 U.S.C. §1983 and New York law against Defendants City of Saratoga Springs, Saratoga Casino Holdings, LLC, Saratoga Casino Hotel, Edward Moore, Eileen Cotter, and Kristopher Camarro. (See Dkt. No. 1). Defendants Moore and Cotter move to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 21). Defendants Saratoga Casino Holdings, LLC and Saratoga Casino Hotel (collectively, “Casino Defendants”), who answered the Complaint, move for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Dkt. No. 28).1 Plaintiff opposes Defendants’ motions and cross-moves for leave to file an amended complaint. (Dkt. No. 33; see Dkt. No. 33-2 (proposed amended complaint (“PAC”))). Moore, Cotter, and Casino Defendants (collectively, “Moving Defendants”) oppose Plaintiff’s cross-motion to amend. (Dkt. Nos. 42, 43). For the following reasons, Moore and Cotter’s motion to dismiss is denied, Casino Defendants’ motion for judgment on the pleadings is granted in part and denied in part, and Plaintiff’s motion is granted in part and denied in part. II. FACTS2 A. Plaintiff’s Lottery Payment On February 15, 2021, Plaintiff, “an owner of a local butcher shop,” “visited Saratoga Casino Hotel [] where she redeemed four [] lottery ‘scratch-off’ tickets.” (Dkt. No. 33-2,
19, 60). “She presented her winning tickets to the cashier employed by the Casino who handed her an additional $850.00.” (Id. 19). Plaintiff “questioned the amount, commenting ‘I think you gave me too much money,’ and requesting that the cashier verify the amount was correct.” (Id.). The cashier “confirmed [Plaintiff] was entitled to the additional $850.00, saying, ‘No, that’s right,’” and Plaintiff “accepted her winnings and left the Casino.” (Id.). On or about the same day, Cotter, “a Casino employee,” “telephoned [Plaintiff] and informed her that she had been overpaid by the Casino in the sum of $850.00 and sought repayment of the money to the Casino at an agreed-upon time.” (Id. 20). Subsequently, Cotter “contacted [Plaintiff] again, and told [her] that she had committed larceny if she refused to return money provided to [her] because of the Casino’s mistake”; Cotter “pressured [Plaintiff] to return to the [C]asino and to return the funds,” and she “threatened” Plaintiff “by telling her that the police would be involved if [she] would not resolve the dispute with [] Cotter.” (Id.
