Ams. Choice Veterans Constr. Inc. v. City of New York

── Ams. Choice Veterans Constr. Inc. v. City of New York ── Court: Court of Appeals for the Second Circuit Date: April 20, 2026 Category: General 25-1380 Ams. Choice Veterans Constr. Inc. v. City of New York UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 20th day of April, two thousand twenty-six. PRESENT: DENNY CHIN, RICHARD J. SULLIVAN, Circuit Judges, MEREDITH A. VACCA, District Judge. * _____________________________________ AMERICAS CHOICE VETERANS CONSTRUCTION INC., ANDREAS PLAZA, ELIZABETH YOUNES, Plaintiffs-Appellants, v. No. 25-1380 CITY OF NEW YORK, TEACHERS FEDERAL * Judge Meredith A. Vacca, of the United States District Court for the Western District of New York, sitting by designation. CREDIT UNION, EDWARD F. GUIDA, JR., ALBERT PERNA, GREGG WASSERMAN, Defendants-Appellees. _____________________________________ For Plaintiffs-Appellants: MEREDITH D. KARP, Simpson Thacher & Bartlett LLP, New York, NY (Michael W. Jahnke, GunnerCooke LLP, New York, NY, on the brief). For Individual Defendants- ISRAEL KLEIN (Todd B. Sherman, on the Appellees: brief), Pardalis & Nohavicka, LLP, New York, NY. For the Defendant-Appellee TAHIRIH M. SADRIEH (Richard Dearing and City of New York: Ingrid R. Gustafson, on the brief), Assistant Corporation Counsel, for Muriel Goode- Trufant, Corporation Counsel of the City of New York, New York, NY. Appeal from a judgment and order of the United States District Court for the Southern District of New York (Denise L. Cote, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the May 2, 2025 judgment and May 2, 2025 order of the district court are AFFIRMED. Americas Choice Veterans Construction Inc., Andreas Plaza, and Elizabeth Younes (collectively, “Plaintiffs”) appeal from a judgment and order dismissing their federal law claims against an eclectic group of defendants that includes their 2 former consultants, a federal credit union, a New York City marshal, and the City of New York (collectively, “Defendants”) for violations of their constitutional rights pursuant to 42 U.S.C. § 1983 and the Sherman Antitrust Act, 15 U.S.C. § 1. We assume the parties’ familiarity with the underlying facts, procedural history, and issues on appeal, to which we refer only as needed to explain our decision. I. The District Court Properly Dismissed Plaintiffs’ Federal Law Claims. We review de novo a district court’s dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6), “accepting the allegations in the complaint as true and drawing all reasonable inferences in favor of the plaintiff.”