But the judge let Collins proceed with a claim against the city for negligent hiring, training and supervision.
Block noted the city's arguments that negligent hiring or supervision claims can proceed only when the employees acted out of the scope of their employment. The judge said the city had not yet taken a position whether various individuals were acting inside or outside the scope of their employment, making adjudication of the claim "premature" at this juncture.
Rudin, Collins' attorney, praised Block's "scholarly decision," saying in a statement that the judge had upheld Collins' "most important claims against the City of New York, for the unlawful policies of the Brooklyn D.A.'s Office and the New York City Police Department, which brought about his false conviction and 16 years of suffering in prison."
Rudin noted in his statement that Block, during oral arguments on the dismissal motion, scheduled an April 8 trial date.
Rudin said he was now seeking expedited discovery, including "sworn, videotaped depositions" from Vecchione, other Brooklyn prosecutors that handled the case and Hynes himself.
In its own statement, the city noted the ruling narrowed Collins' claims.
"We are pleased the claims against the individual ADAs were dismissed and the claims against the City were narrowed. We expect to address the remaining claims through further motion practice after the discovery process or at trial," Arthur Larkin, senior counsel in the city Law Department's Special Federal Litigation Division, said in a statement.
The city was also represented by Assistant Corporation Counsel Elizabeth Krasnow.
A spokesman for the Brooklyn District Attorney's office did not respond to a request for comment.
But in a response to a recent "Village Voice" articlereiterated during an interview with the New York Law Journal prior to the release of Block's rulingHynes said when one of the witnesses recanted but withdrew the recantation, Vecchione was not present, nor did anyone make a record of the occurrence or tell Vecchione about the withdrawn recantation.
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