In Kalia v. City University of New York, No. 153700/2025, 2026 WL 964811 (N.Y. Sup. Ct. Apr. 07, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims against the City University of New York. From the decision: The NYCHRL claims are dismissed pursuant to the doctrine of sovereign immunity. CUNY, which is…
Read More Discrimination, Hostile Work Environment Claims Dismissed Against CUNYIn Baptiste v. The City University of New York, No. 150677/2025, 2025 WL 2556758, 2025 N.Y. Slip Op. 33325(U) (N.Y. Sup Ct, New York County Sep. 05, 2025), the court dismissed plaintiff’s claim on the ground of collateral estoppel. From the decision: The doctrine of collateral estoppel “bars the relitigation of an issue of fact…
Read More Discrimination Claims Dismissed Based on Collateral EstoppelIn Wallace v. Cheng, No. 159691/2023, 2025 WL 1116760 (N.Y. Sup Ct, New York County Apr. 10, 2025), the court granted defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human Rights Laws. From the decision: By decision and order dated May 12, 2022, the federal district…
Read More Federal Court Factual Findings Warrant Dismissal of New York State, City Human Rights Law Race Discrimination ClaimsIn Rosenthal v. Roosevelt Island Operating Corporation et al, No. 1105, 154096/21, 2022-03686, 2023 N.Y. Slip Op. 06103, 2023 WL 8193191 (N.Y.A.D. 1 Dept., Nov. 28, 2023), the First Department affirmed the dismissal of plaintiff’s discrimination claims on the grounds of collateral estoppel From the decision: Plaintiff is collaterally estopped from asserting claims of discrimination…
Read More Employment Discrimination Claims Properly Dismissed on Ground of Collateral Estoppel, in Light of Article 78 DeterminationIn Woolf v. Bloomberg L.P., No. 155152/2020, 2021 WL 4427372 (N.Y. Sup Ct, New York County Sep. 24, 2021), the court considered whether and to what extent a prior federal court decision – which dismissed the plaintiff’s disability discrimination claim under the Americans with Disabilities Act – prohibits the plaintiff (under principles of collateral estoppel)…
Read More Migraine-Disability Case Dismissed Against Bloomberg L.P.In Mouscardy v Consolidated Edison Company of New York, No. 2018-14239, 4431/08, 2020 N.Y. Slip Op. 03656, 2020 WL 3551808 (N.Y.A.D. 2 Dept., July 01, 2020), the court, inter alia, held that an arbitrator’s determination that the employer had reasonable cause to terminate plaintiff’s employment did not collaterally estop plaintiff from proceeding with his claim of…
Read More NYC Human Rights Law Discrimination Claim Survives, Notwithstanding Union Arbitrator’s Finding of Reasonable Cause to Terminate EmploymentFrom Williams v New York City Transit Authority, No. 2017-02335, 505636/16, 2019 N.Y. Slip Op. 02747, 2019 WL 1549176 (N.Y.A.D. 2 Dept., Apr. 10, 2019): We agree with the Supreme Court’s determination that, based on the prior federal determination, the plaintiff is collaterally estopped from asserting the NYSHRL causes of action. The doctrine of collateral…
Read More Employment Discrimination Claims Properly Dismissed on the Ground of Collateral EstoppelIn Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, rejected defendants’ argument that plaintiff is precluded from litigating his § 1981 claims in the instant action, because plaintiff presented those allegations to the New York State Division of Human Rights (SDHR), which rejected them on the merits.…
Read More Court Finds That “No Probable Cause” Determination Did Not Preclude Litigation of § 1981 Race Discrimination Claim in CourtIn Ferraro v. New York City Department of Education, 2018 WL 5881663 (2d Cir. Nov. 9, 2018) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s claims of disability discrimination, retaliation, and hostile work environment pursuant to the Americans with Disabilities Act of 1990, New York State Human Rights Law, and the New York City…
Read More Employment Discrimination Claims Collaterally Estopped by Findings at 3020-a Hearing, Court HoldsIn Karimian v. Time Equities, Inc., 2018 NY Slip Op 05583 (App. Div. 2nd Dept. Aug. 1, 2018), the court, inter alia, affirmed the dismissal of plaintiff’s claims of employment discrimination, hostile work environment, and retaliation. The court explained that while “a cause of action asserted pursuant to NYCHRL must be analyzed independently from similar or identical…
Read More NYC Human Rights Law Claims Barred by Collateral Estoppel [Karimian v. Time Equities]