Governmental Liability

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In Arnold v Town of Camillus, No. 22-01774, 831, 202 N.Y.S.3d 839, 2023 N.Y. Slip Op. 06627, 2023 WL 8865653 (N.Y.A.D. 4 Dept., Dec. 22, 2023), the court addressed the “Notice of Claim” requirement in the context of employment discrimination claims asserted under the New York State Human Rights Law. The court summarized the facts…

Read More NYS Human Rights Law Discrimination, Hostile Work Environment, Sexual Harassment, Constructive Discharge, Retaliation Claims Subject to Town Law’s “Notice of Claim” Requirement
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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In Doe v. Shippensburg University of Pennsylvania, 1:20-CV-01416, 2022 WL 676970 (M.D.Pa. March 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim asserted under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. In sum, plaintiff Doe was a graduate student at,…

Read More Quid Pro Quo Sexual Harassment Claim Survives Summary Judgment Against Shippensburg University of Pennsylvania
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In Eustache v. Bd. of Educ. of the City School Dist. of the City of New York, No. 153619/2019, 2021 WL 4219732 (N.Y. Sup Ct, New York County Sep. 16, 2021), the court held, inter alia, that plaintiff (a male paraprofessional a/k/a teaching assistant) sufficiently alleged sexual harassment by a co-worker under the New York…

Read More Male Teaching Assistant Sufficiently Alleges Sexual Harassment By Female Co-Worker
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The New York Attorney General’s investigation has culminated in a detailed, 168-page Report finding that Governor Andrew Cuomo sexually harassed multiple women, including current and former state employees, in addition to those outside the state government. It is replete with corroboration, and contains a thorough review of the relevant laws implicated by the governor’s conduct.…

Read More Andrew Cuomo Engaged in Sexual Harassment: Report
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In Shah v. State of New York, 2019 NY Slip Op 08884 (App. Div. 2nd Dept. Dec. 11, 2019) – a failure-to-hire national origin discrimination case – the court affirmed the lower court’s decision denying the claimant’s motion seeking leave to file a late notice of claim. In sum, the claimant commenced this action, alleging…

Read More Court Affirms Denial of Leave to File Late Claim Against State Facility in Discrimination Case
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In Hogue v. Bd. of Educ. of the City School Dist. of the City of New York, No. 150393/2019, 2019 WL 6467588 (N.Y. Sup Ct, New York County Dec. 02, 2019), the court, inter alia, permitted plaintiff to amend her complaint alleging a hostile work environment. I write here to address one aspect of the…

Read More Notice of Claim Sufficiently Alleged Hostile Work Environment, Court Rules
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In Kaplan-DiNola v. NYC Dept. of Education, 2019 WL 1779601 (S.D.N.Y. April 23, 2019) – a sexual orientation discrimination case – the court denied defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. In this case, plaintiff, a teacher who describes herself as “homosexual”, alleges (inter alia) that throughout her tenure as teacher at P.S.…

Read More Teacher’s Sexual Orientation Discrimination Claim Against the NYC Dept. of Education Survives Dismissal
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Happy Halloween! There are many instances of Halloween antics giving rise to litigation. As one (admittedly old) example, consider Daniels v. Manhattan and Bronx Surface Transit Operating Authority, 689 N.Y.S.2d 463, 464, 261 A.D.2d 115, 115 (N.Y.A.D. 1 Dept. 1999), in which the plaintiff sued a bus operator after being “struck in the left eye…

Read More Personal Injury Case Arising From Egg Thrown By “Halloween Miscreant” Dismissed
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On November 18, 2017, a plaintiff filed a lawsuit (captioned Cater v. State of New York et al (SDNY 17-cv-9032 Nov. 18, 2017)) against the State of New York, the Empire State Development Corporation, Governor Andrew Cuomo, and William Ballard Hoyt a/k/a Samuel B. Hoyt, III. In it, plaintiff alleges, inter alia, that “Defendant Hoyt engaged in…

Read More Sexual Harassment, Discrimination, Retaliation Lawsuit Against New York State, Governor Cuomo, William Hoyt, et al
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