A New York State intermediate appeals court on Thursday reversed a lower court ruling sanctioning New York City for dragging its proverbial feet in moving to dismiss claims with “patently obvious” flaws.

Plaintiff Junmei Zhang, a New York City Police Department officer, sued the city for the negligent hiring and retention of his NYPD partner. Zhang alleges in the suit that the partner fired his gun while the duo responded to a 911 call and that the bullet ricocheted and allegedly hit Zhang in the foot.