Discrimination Claims Based on Alleged Pattern of Unlawful Conduct Not Subject to Dismissal on Statute of Limitations Grounds

In Ferraro v. New York City Dept. of Education, the Appellate Division, First Department reversed the dismissal of plaintiff’s allegations of employment discrimination, retaliation, and hostile work environment, observing: “To the extent plaintiff alleges acts that occurred more than one year before he commenced this action (see Education Law § 3813[2-b]), it cannot be said, as a matter of law, that these acts, if proven, were not part of a single continuing pattern of unlawful conduct extending into the one-year period immediately preceding the filing of the complaint.” (Emphasis added.)

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