Fourth Department – Pre-answer motion to dismiss: Villalba v. City of Auburn, et al.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Pre-answer motion to dismiss — Jurisdictional issues — Traverse hearing required

Villalba v. City of Auburn, et al.

CA 24-01818

Appealed from Supreme Court, Cayuga County

Background: The plaintiff commenced a negligence action alleging negligent training and the use of excessive force. During a traffic stop, city police officers dragged her to the hood of her vehicle and slammed her head into the hood. She also alleges that she was denied medical treatment. The defendants moved to dismiss the complaint but the court reserved decision on the motion as it was based on the ground that the plaintiff failed to serve the city. It held that a traverse hearing was required but otherwise denied the motion on other grounds. The defendants appealed.

Ruling: The Appellate Division reserved. The court held that the court should have first conducted the traverse hearing and determined the jurisdictional issue before making a determination on the other grounds raised in the motion.

D. Charles Roberts, of Gross Shuman, for the defendant-appellant; Justin T. Huffman, of Huffman Law Firm, for the plaintiff-respondent.

Oral argument video