Court: NY App. Div. Dept. 1

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In Boliak v. Father Michael P. Reilly et al, No. 153941/16, 2025 WL 3672342 (N.Y. App. Div. 1 Dept. Dec. 18, 2025), the court, inter alia, held that the lower court improperly dismissed plaintiff’s hostile work environment claims under the “ministerial exception.” From the decision: Plaintiffs Boliak, Maureen Smith, and Thomas Rodes were all employed…

Read More Hostile Work Environment Claims Not Barred by the “Ministerial Exception”, First Department Holds
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In Anandaraja v. Icahn Sch. of Med. at Mount Sinai, No. 159045/22, 2025 WL 3028707 (N.Y. App. Div. 1 Dept. Oct. 30, 2025), the court ruled on a motion for a protective order under CPLR 3103(a) – specifically as to whether particular questions could be asked during depositions. From the decision: Supreme Court should have…

Read More Court Precludes Deposition Questions as to Dismissed Discrimination Claims
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In Ormond v. Weinstein, No. 2024-05486, 4017, 952107/23, 2025 N.Y. Slip Op. 04755, 2025 WL 2412641 (N.Y.A.D. 1 Dept., Aug. 21, 2025), the court unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s claim asserted under the Adult Survivors Act. From the decision: Plaintiff, a well-known actress, brought this action under the Adult Survivors…

Read More Julia Ormond’s Adult Survivors Act Claim Against Harvey Weinstein et al Survives Dismissal, First Department Holds
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A recent decision, Perrotte v. Bloomberg L.P. et al, No. 2024-03283, 4061, 451470/20, 2025 N.Y. Slip Op. 02046, 2025 WL 1033707 (N.Y.A.D. 1 Dept., Apr. 08, 2025), the New York Supreme Court, Appellate Division, First Department illustrates how courts assess discovery disputes in an employment discrimination case. From the decision: Supreme Court providently exercised its…

Read More First Department Assesses Discovery of Internal Complaints, Cell Phone in Sexual Harassment Case
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In Dedewo v CBS Corporation, No. 158386/22, 2024-00838, 3945, 2025 N.Y. Slip Op. 01712, 2025 WL 863866 (N.Y.A.D. 1 Dept., Mar. 20, 2025), the court affirmed the lower court’s order dismissing plaintiff’s claims for race and sex discrimination and retaliation under the New York City Human Rights Law. From the decision: To the extent plaintiff’s…

Read More Federal Court Decision Precludes NYC Human Rights Law Claims, First Department Holds
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In Martino v. Chenel Capital, LLC et al, No. 2023–04316, 3710, 2025 WL 516143 (N.Y.A.D. 1 Dept., Feb. 18, 2025), the Appellate Division, First Department unanimously reversed a lower court’s decision that the plaintiff failed to establish defendants’ liability for hostile work environment, sex discrimination, and retaliation under the New York State and City Human…

Read More Sex-Based Hostile Work Environment Claims Sufficiently Presented at Inquest; Contrary Decision Reversed
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In Mahn v. Lawrence N. Mullman et al, Index No. 952263/23, Case No. 2024–03039, 2025 WL 408690 (N.Y.A.D. 1 Dept. Feb. 6, 2025), the Appellate Division, First Department, affirmed a lower court’s determination that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not invalidate the parties’ arbitration agreement.…

Read More Sexual Assault-Related Claims Subject to Arbitration and Not Barred by EFAA, Court Holds
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In Lopez v Trahan, No. 155637/20, 2024-04221, 3523, 2025 N.Y. Slip Op. 00274, 2025 WL 208694 (N.Y.A.D. 1 Dept., Jan. 16, 2025), the Appellate Division, First Department, inter alia, unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. From…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included “Old”, “Slow”, “Old Hag” Comments
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In Newson v Vivaldi Real Estate Ltd., No. 2024-00261, 2982, 452625/22, 2025 N.Y. Slip Op. 00052, 2025 WL 36856 (N.Y.A.D. 1 Dept., Jan. 07, 2025), the Appellate Division, First Department addressed the following issue of first impression: whether owners of housing accommodations can be held vicariously liable for the discriminatory conduct of their real estate…

Read More Landlords May Be Vicariously Liable For Their Brokers’ Discrimination Under the NYC Human Rights Law, First Department Holds
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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