§Why CasetextPricing

Restivo et al v. Nassau County et al

Motion to Dismiss for Failure to State a Claim

12 Cited authorities

  1. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 69,747 times   15 Legal Analyses
    Holding that "local governments] . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  2. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 505,087 times   706 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  3. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,592 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  4. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,128 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  5. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,413 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  6. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,988 times   2 Legal Analyses
    Requiring that a plaintiff must file a notice of claim prior to commencement of an action against a municipality and must serve the notice of claim within ninety days after the claim arises

  7. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 4,133 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  8. Section 50-H - Examination of claims

    N.Y. Gen. Mun. Law § 50-H   Cited 1,598 times   1 Legal Analyses
    Granting municipalities the right to examine any claimant who has filed a claim against them to determine "the extent of the injuries or damages"

  9. Section 50-I - Presentation of tort claims; commencement of actions

    N.Y. Gen. Mun. Law § 50-I   Cited 1,493 times
    Noting that "it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice ... and that adjustment or payment thereof has been neglected or refused"

  10. Section 487 - Misconduct by attorneys

    N.Y. Jud. Law § 487   Cited 1,216 times   2 Legal Analyses
    Providing for civil liability where an attorney "[i]s guilty of deceit or collusion . . . with intent to deceive the court or any party . . ."

  11. Section 5227 - Payment of debts owed to judgment debtor

    N.Y. C.P.L.R. § 5227   Cited 346 times

    Upon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor, the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment; or it may direct that a judgment be entered against such person in favor of the judgment creditor. Costs of the proceeding shall not be