Shelton v. N.Y. State Liquor Authority

NYAD3 Reverses Dismissal, Finding NY Sup. Ct. Abused Discretion in Denying Motion to Amend Complaint


The Appellate Division, Third Department, rejected defendants' arguments and determined that our clients' (the "[Plaintiffs') "assertions appear[ed] to be based on more than mere speculation inasmuch as it [could] be reasonably inferred that the conduct complained of – authorizing communication of a decision by the [NYS Liquor] Authority – would have required the direct knowledge and/or participation of at least one of the Commissioners [of the Liquor Authorioty]." Slip Op. at 7 (internal citations and quotation marks ommitted). Thus, the court determined that "the complaint [did] not merely assume ... personal involvement based on [defendants'] position of authority but instead allege[d] some direct action by the individual defendants that contributed to the alleged deprivation of constitutional rights," and, therefore, "that a claim under 42 USC § 1983 [was] stated," as Plaintiffs had alleged all along. Id. (internal citations and quotation marks ommitted). "Accordingly, [the Appellate Division] conclude[d] that Supreme Court abused its discretion in denying the [Plaintiffs'] motion to amend." Id. (internal citations and quotation marks ommitted).

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Reference Info:Decision | State, 2nd Circuit, New York | United States

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