Pleading

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In Zavala v. Cornell University, the U.S. District Court for the Northern District of New York recently denied defendant’s Federal Rule of Civil Procedure 12(c) motion for judgment on the pleadings on plaintiff’s disability discrimination claims under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. Plaintiff, who suffers from diabetes, worked as a network technician for…

Read More Diabetic Plaintiff’s Disability Discrimination Complaint Survives Motion for Judgment on the Pleadings
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In Pryor v. Jaffe & Asher, the Southern District of New York held that plaintiff adequately stated claims for hostile work environment, gender discrimination, and constructive discharge. Here are the facts, taken from plaintiff’s complaint: Defendant Jaffe & Asher is a law firm doing business in New York, New York. Defendant Jeffrey Tseng, an employee…

Read More Plaintiff Sufficiently Alleged Hostile Work Environment, Gender Discrimination, and Constructive Discharge Claims Against Law Firm
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In Chepak v. Metropolitan Hospital (Summary Order), the Second Circuit recently vacated a trial court’s judgment dismissing plaintiff’s Equal Pay Act and Title VII discrimination claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court noted that “a complaint alleging workplace discrimination and retaliation need not allege specific facts…

Read More Second Circuit Revives Equal Pay Act and Title VII Discrimination Claims
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A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…

Read More Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination Complaint
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In Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…

Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights Law
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In Baldwin v. Bank of America, N.A., the New York Supreme Court, Kings County, recently held that plaintiff adequately pled “aiding and abetting” claims against her former supervisor, Perez. Plaintiff alleged discrimination on the basis of gender, pregnancy, and disability. Her complaint contained four causes of action: three against the defendant Bank, and the fourth…

Read More Plaintiff Adequately Pleads “Aiding and Abetting” Claim Against Individual Under the New York City Human Rights Law
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A recent case, Cogle v. Bergstein (Supreme Court, New York County, decided Nov. 18, 2013) illustrates the pitfalls that exist when pleading defamation and discrimination claims in New York State courts. Plaintiff, a nurse, worked for the New York City Health and Hospital Corporation (HHC) at Bellevue Hospital.  She alleged that she was suspended based on defamatory…

Read More Court Dismisses Plaintiff’s Defamation and Failure-to-Accommodate Disability Discrimination Claims
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In Stoler v. Institute for Integrative Nutrition, the Southern District of New York held that plaintiffs adequately pled claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and the New York City Human Rights Law (NYCHRL).  Defendants moved to dismiss plaintiffs’ claims under FRCP…

Read More Pointing to “Maternity Projection Chart”, Court Finds That Plaintiffs Sufficiently Alleged FMLA and Retaliation Claims Based on Unfair Treatment Due to Pregnancy and Maternity Leave Requests
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In Freeman v. City of New York (decided November 20, 2013), the Appellate Division, Second Department held that plaintiff failed to state a claim for relief. Plaintiff alleged that her mother Yvonne Freeman died after the December 27, 2010 blizzard because defendants “were negligent in failing to provide emergency services, and in failing to prepare for,…

Read More Trial Court Should Have Dismissed Blizzard Death Lawsuit Due to Absence of “Special Relationship”
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In Kennington v. 226 Realty LLC, the court denied defendant’s motion to dismiss plaintiffs’ complaint alleging sexual harassment and age discrimination. Although the court held only that the plaintiffs state a claim for relief (without determining the ultimate issue of liability), this case is instructive as to how to plead discrimination claims under the New…

Read More Plaintiffs Sufficiently Alleged Sexual Harassment and Age Discrimination Claims Under the New York City Human Rights Law
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