Cater v. State Of New York et al
Filing
54
OPINION re: 10 AMENDED MOTION to Dismiss the Amended Complaint as to the State and the Governor. filed by State Of New York, Andrew Cuomo. Based on the conclusions set forth above, the motion of the Defendants is granted and the AC is dismissed as to Defendants, with prejudice. Leave to replead within twenty days is granted. Andrew Cuomo (In his individual capacity) and State Of New York terminated. (Signed by Judge Robert W. Sweet on 6/21/2018) (tro)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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LISA MARIE CATER,
Plaintiff,
17 Civ. 9032
(RWS)
OPINION
-againstTHE STATE OF NEW YORK, THE EMPIRE
STATE DEVELOPMENT CORPORATION,
GOVERNOR ANDREW CUOMO (In His
Individual Capacity) and
WILLIAM BALLARD HOYT a/k/a SAMUEL B.
HOYT, III (In His Individual Capacity,
Defendants.
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APPEARANCES:
Attorneys for Plaintiff
Derek Smith Law Group PLLC
30 Broad Street
New York, NY 10004
By:
Paul Liggieri, Esq.
Attorneys for Defendants
State of New York and Governor Andrew Cuomo
Office of N.Y.S. Attorney General
120 Broadway, 24 th Floor
New York, NY 10271
By:
John M. Schwartz, Esq.
!
Sweet, D.J.
Defendants State of New York (the "State") and
Governor Andrew Cuomo (the "Governor")
(collectively, the
"Defendants") have moved pursuant to Fed. R. Civ. P. 12(b) (1)
and 12(b) (6) to dismiss, as against them, the amended complaint
("AC")
of Plaintiff Lisa Marie Cater ("Cater" or the
"Plaintiff"). Based on the conclusions set forth below, the
motion is granted, and the AC against the Defendants is
dismissed.
Prior Proceedings
The Plaintiff filed her initial complaint alleging
sexual harassment by defendant William Ballard Hoyt, a former
regional president of defendant Empire State Development
Corporation ("ESDC"), between October of 2015 and October 2017.
She alleged that, despite her complaints regarding Hoyt's
actions, the State and the Governor, solely in his individual
capacity, failed to prevent or investigate Hoyt's alleged
unlawful conduct on November 18, 2017. She filed the AC on
December 5, 2017 alleging eleven causes of action as follows:
First Cause of Action
Violation of Rights Secured by 42 U.S.C. §
1983 (Against all Defendants
(AC ':JI
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