In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…
Read More Court Affirms Dismissal of Age Discrimination ComplaintIn D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…
Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New YorkIn Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…
Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary JudgmentIn Gabin v Greenwich House, No. 155015/21, 16651, 2022-00210, 2022 N.Y. Slip Op. 06428, 2022 WL 16935706 (N.Y.A.D. 1 Dept., Nov. 15, 2022), the court reversed a lower court decision dismissing plaintiff’s age discrimination claims under the New York State and City Human Rights Laws. The court explained that plaintiff’s claim was timely, in light…
Read More Age Discrimination Claims’ Timeliness Dismissal Reversed; Tolls AppliedIn Conahan v. Medquest Ltd., et al, 20-cv-1325 (LJL), 2022 WL 16748585 (S.D.N.Y. Nov. 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The Second Circuit has stated that stray-age related remarks…
Read More Age Discrimination Claim, Based on Pre-Termination Age-Related Remarks, Survives Summary JudgmentIn Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…
Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held InsufficientIn Wetzel v. Systra USA Inc., No. 151707/2022, 2022 WL 16574840 (N.Y. Sup Ct, N.Y. Cty. Nov. 01, 2022), the court dismissed plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. After holding that plaintiff failed to state a claim under the New York State Human Rights Law, court…
Read More Age Discrimination Claims Dismissed; Younger Workers Also Suffered DetrimentIn Lent v. The City of New York, et al., No. 1642 2, 2021-04616, 2022 WL 7177790 (N.Y.A.D. 1 Dept., Oct. 13, 2022), the court affirmed the dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination claims, the court explained: The court properly dismissed plaintiff’s age discrimination claim under…
Read More Age Discrimination Claims Dismissed; “Old Enough to Retire” Comment InsufficientIn Lebowitz et al v. New York City Dept. of Educ., No. 526062/20, 2022 WL 4357086 (N.Y. Sup Ct, Kings County Sep. 16, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to two Sheepshead Bay High School teachers. After concluding that summary judgment was warranted on one teacher’s claims, it reached…
Read More Age Discrimination Claims, Based on Statistical Evidence, Survives Summary Judgment Against the NYC Dept. of EducationIn Beshaw v. MVP Service Corp., 1:21-cv-584 (GLS/CFH), 2022 WL 4094451 (N.D.N.Y. Sept. 7, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim. From the decision: MVP contends that Beshaw has failed to allege facts that give rise to an inference of discrimination with respect to his claim for age…
Read More Age Discrimination Claim Survives Dismissal; Allegations Included Plaintiff’s Replacement by Younger Worker