Montegari v Miller

Holding The court affirmed the judgment, holding that selective-enforcement equal protection claims survive in the public employment context and that the lower court correctly denied dismissal of the retaliation claim. The court also determined it lacked subject matter jurisdiction over the tortious interference claim but found no need to modify the judgment because no damages were awarded for that cause of action.

The court’s words

malice-based selective-enforcement claims premised on the violation of equal protection were recognized at the time of defendants' actions

2026 NY Slip Op 04696, at the official text

the State was the real party in interest and the tortious interference cause of action should have been brought as a claim in the Court of Claims

2026 NY Slip Op 04696, at the official text