Statute of Limitations

by

In Crawford v. David Ratner, No. 952052/2023, 2023 WL 8810507 (N.Y. Sup Ct, New York County Dec. 20, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s claims – arising from a series of alleged sexual assaults, sexual harassment and retaliatory conduct between 2010 and 2011 by the defendant – under the…

Read More Adult Survivors Act (ASA) Revives NYC Human Rights Law Claims, in Sexual Harassment Lawsuit Arising From 2010-2011 Conduct, Court Rules
Share This:
by

In Joy Stewart Acala v. Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., No. 2021-05330, 617543/19, 2023 WL 8608819 (N.Y.A.D. 2 Dept., Dec. 13, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s claims for employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: “A plaintiff alleging…

Read More National Origin, Disability Discrimination Claims Properly Dismissed, Court Holds; Non-Time-Barred Claims Insufficient to Allege Claims Under NYS and NYC Human Rights Laws
Share This:
by

In Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…

Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently Alleged
Share This:
by

In 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 Applied
Share This:
by

In Paladino v. Rochester Institute of Technology, Case # 22-CV-6028-FPG, 2022 WL 4922289 (W.D.N.Y. Oct. 4, 2022), the court dismissed, as untimely, plaintiff’s sex/sexual-orientation discrimination claim (based on defendant’s alleged failure to promote her) asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the difference between claims premised on a…

Read More Court Dismisses Discrete Title VII “Failure to Promote” Claim as Untimely
Share This:
by

In Kirstyn Crawford v. American Broadcasting Co., Inc., No. 157874/2021, 2022 WL 2066925 (N.Y. Sup Ct, New York County June 08, 2022), the court granted individual defendant Michael Corn’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims, asserted under the New York State and City Human Rights Laws, as time-barred. Plaintiff (an ABC…

Read More Hostile Work Environment Sexual Harassment Claims Dismissed, as Time-Barred, Against Former ABC Producer Michael Corn
Share This:
by

In Curtis v. Marino, 2022 NY Slip Op 00499 (N.Y. App. Div. 1st Dept. Jan. 27, 2022), the court unanimously affirmed the dismissal of plaintiff’s complaint, which contained causes of action for discrimination under the New York State and City Human Rights Laws, as untimely. From the decision: Supreme Court properly found the arbitration agreement…

Read More Discrimination Complaint Properly Dismissed; Contractual Shortening of Statute of Limitations Was Reasonable
Share This:
by

In Lynn v. State of New York, New York State Insurance Fund, No. 2021-054-042, 2021 N.Y. Slip Op. 51151(U), 2021 WL 5830520 (N.Y.Ct.Cl., Nov. 23, 2021), the court denied the movant’s application to file a late claim against the State of New York. In sum, the movant alleges that, during a Skype call, the supervisor…

Read More Hostile Work Environment Claimant’s Application For Late Filing in Court of Claims Denied
Share This:
by

In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
Share This: