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Jordan v. Pisano

Naming Group Enough for Pleading Against Individual Officer

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Plaintiff, Carol Jordan (plaintiff), commenced this action pursuant to 42 U.S.C. §1983 for false arrest and false imprisonment, unlawful stop, question, and frisk, unlawful search, denial of the right to a fair trial, excessive force, negligent infliction of emotional distress, negligent hiring, retention, training, and supervision, failure to intervene, and malicious prosecution, against defendants, court officer Anthony Pisano (Officer Pisano), Shield No. 3584, court officer Terrance Faulk, Shield No. 8037, and police officers John Doe 1-10, stemming from an alleged January 27, 2020 arrest at the New York City Civil Court. Officer Pisano now moves pursuant to CPLR 3211(a)(7) and (8) to dismiss plaintiff’s amended complaint. Plaintiff cross-moves pursuant to CPLR 306-b for an extension of time to serve the amended complaint upon Pisano.¹ Both motions are opposed. For the following reasons, the motion is granted in part and the cross-motion is granted. FACTUAL ALLEGATIONS Plaintiff alleges that on January 27, 2020, she was lawfully present inside 111 Centre Street in New York County, New York (premises) for a Housing Court matter (NYSCEF doc. no. 11, amended compl at 2). Plaintiff claims that a defendant court officer approached her and directed her to remove her purse (id., 3). According to plaintiff, the unidentified defendant court officer threw plaintiff’s purse on the ground for no reason, causing plaintiff’s belongings to spill out of her purse (id.,

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