In Croswell v. 7 Rising Star Inc., No. 520808/2024, 2025 WL 3634069 (N.Y. Sup. Ct. Dec. 09, 2025), the court found defendants liable, and awarded plaintiff substantial damages, for her claim of sexual harassment under the New York City Human Rights Law.
The court summarized the law, and applied it to the facts, as follows:
Throughout tort law, psychic injuries are by their very nature subjective and present difficult questions concerning the genuineness of any injury and as to fixing its dollars-and-cents valuation. This issue routinely presents itself in actions commenced per the Human Rights Law where mental suffering is not only compensable, but also a frequent — sometimes sole — consequence of unlawful discriminatory conduct. However, psychiatric or other medical treatment is not a precondition to recovery. Mental injury may be proved by the complainant’s own testimony, corroborated by reference to the circumstances of the alleged misconduct. The factual findings of mental anguish because of unlawful discrimination must be supported by sufficient evidence in the record considered as a whole. The award must not be arbitrary. The Court must “determine whether the relief was reasonably related to the wrongdoing and whether the award was supported by evidence, and how it compared with other awards for similar injuries.
Here, the evidence established that both Deb and Rahman perpetrated unlawful and discriminatory acts upon plaintiff (Human Rights Law § 296 [1] and [6]; Admin. Code § 8-107 [1] and [6]). Through tears, plaintiff, who was approximately 18 years of age when she began working at Charley’s testified that defendant Dub, touched her breasts on multiple occasions over and under her clothing. She also testified that he backed her into a corner rubbed up against her and touched her buttocks. Deb also attempted to kiss plaintiff, would make sexual gestures to her with his mouth and grabbed her hand to place it on his penis. On several occasions he offered to take plaintiff shopping and give her cash to go to a hotel with him. Plaintiff further testified that despite her requests for him to stop, he repeatedly touched her, purposefully positioning their interactions beyond the view of cameras, while reminding her that he gave her desired hours to work. When she loudly refused his behavior, he arbitrarily reduced her hours, abruptly changing the posted schedule.
Plaintiff testified that Tareak Rahman, the manager, observed some of this behavior, and when she tried to report it to him, he laughed it off. He also asked her why she allowed Deb to do this to her. After Plaintiff forcefully confronted Deb in front of Rahman, she was suspended and later fired. Plaintiff testified that she suffered emotional pain because of defendants’ conduct. She was anxious, angry, and questioned her own behavior. After she was fired, she was scared to enter Kings Plaza to even go shopping. After plaintiff commenced the lawsuit, defendants offered to rehire her It took her months to find a new job and she was quite nervous about accepting employment that might place her in jeopardy.
Asia Collins credibly testified under oath, also through tears, that Deb perpetrated some of this conduct on her as well. Plaintiff and Collins discussed Debs behavior since Asia personally observed the emotional and physical toll it took on her friend. As she was the person who recommended that plaintiff apply for her first job at Charley’s, she felt a bit of responsibility for her friend’s pain.
This conduct is sufficient to impose liability on the corporate defendant (Admin. Code § 8-107 [13]). The totality of plaintiff’s testimony as corroborated by Ms. Collins is sufficient to establish plaintiff’s entitlement to compensatory and punitive damages. In support of her claim for damages, plaintiff provided evidence of similar awards for the egregious and unlawful discrimination perpetrated on plaintiff by defendants. Plaintiff’s attorney’s request for fees was also sufficiently established. The attorney provided a breakdown of hourly rates for attorneys and paralegals.
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Accordingly, the court awarded plaintiff $250,000 in punitive damages, $125,000 for emotional distress, $425,000 for mental anguish, $2,860 for lost wages, and $16,108.75 for attorney/paralegal fees and costs.