Shahid v City of New York
2008 NY Slip Op 09582 [57 AD3d 511]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Abdus Shahid et al., Appellants,
v
City of New York, Respondent.

[*1] Abdus Shahid and Halima Ansari, Brooklyn, N.Y., appellants pro se.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Ann E. Scherzer of counsel), for respondent.

In an action to recover damages for harassment, discrimination based upon race and/or national original, and intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated December 13, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law (see Mago, LLC v Singh, 47 AD3d 772 [2008]; Ralin v City of New York, 44 AD3d 838 [2007]; Wyllie v District Attorney of County of Kings, 2 AD3d 714, 721 [2003]). In opposition, the plaintiffs failed to raise a triable issue of fact. Spolzino, J.P., Covello, Angiolillo and Chambers, JJ., concur.