Judge Harold Baer
Citing People United for Children v. City of New Yorkand seeking equitable relief as well as damagesGlaves-Morgan asserted claims against New York City and its employees under New York Civil Service Law §§75-b and 80. Section 75-b bars retaliation for reporting wrongdoing. Section 80 sets out procedures for demoting and reducing the salary of civil servants. Citing New York General Municipal Law §§50-i and 50-e, defendants sought summary judgment on the basis of plaintiff’s failure to file a notice of claim. Granting defendants reconsideration, district court adhered to its ruling that they did not show that a notice of claim was required. Rejecting defendants’ assertion that its reliance on People Unitedholding that a notice of claim is not required “where the primary relief being sought is equitable in nature, and monetary damages are only incidental”was misplaced because People United’s narrow exception to the notice of claim requirement was inapplicable, district court denied defendants summary judgment. They did not show that plaintiff’s Civil Service Law claims were torts under §50-i or that there was a broader statutory requirement, applicable to suits against the city, mandating filing of a notice of claim.