Court: NY App. Div. Dept. 1

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In Kay v. Banchik, No. 2025–04416, 2026 WL 1655952 (N.Y. App. Div. June 9, 2026), the court modified a lower court order to deny defendants’ motion to dismiss plaintiff’s employment discrimination complaint (for actions after a specified date) alleging discrimination under New York State and City Human Rights Laws. From the decision: The court properly…

Read More Age, Gender Discrimination Claims Sufficiently Alleged; Termination Shortly Followed Implementation of Policy Favoring Younger Partners
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In Quintinar v. New York State Office of the Attorney General et al, No. 160721/22, 2026 WL 1291362 (N.Y. App. Div. May 12, 2026), the court held that plaintiff sufficiently alleged claims of, inter alia, sex discrimination and retaliation in violation of the New York State and City Human Rights Laws. From the decision: Plaintiff…

Read More Sex Discrimination and Retaliation Claims, Arising From Alleged Sexual Assault at Political Fundraising Event, Survive Dismissal
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In Farmer v. Mizuho Securities USA LLC, No. 151348/24, 2026 WL 1291338 (N.Y. App. Div. May 12, 2026), the New York Appellate Division, First Department reversed the lower court’s decision, and reinstated plaintiff’s claims of gender discrimination and hostile work environment under the New York State and City Human Rights Laws. From the decision: Plaintiff’s…

Read More Applying the Continuing Violation Doctrine, the First Department Reinstates NYS & NYC Human Rights Law Gender Discrimination and Hostile Work Environment Claims
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In Kathy Breiding v. High Hopes Films, LLC et al, No. 152385/23, 2026 WL 1216946 (N.Y. App. Div. May 5, 2026), the court addressed plaintiff’s claims, under the New York State and City Human Rights Laws, arising from an actor’s objection to a scripted kiss. From the decision: In 2009 and 2015, plaintiff played the…

Read More Gender Discrimination Claims, Arising From Refusal of Scripted Kiss, Survive Summary Judgment
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In Warneke v. Bronx Cmty. Bd. 11, No. 2025–01037, 2026 WL 1026260 (N.Y. App. Div. Apr. 16, 2026), the court confirmed an Order of the New York State Division of Human Rights which adopted the recommendation of an Administrative Law Judge dismissing petitioner’s familial status discrimination and retaliation complaint. From the decision: DHR’s determination that…

Read More Familial Status Discrimination, Retaliation Claims Dismissed
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In Henriquez v. City of New York, No. 160044/23, 2026 WL 739752 (N.Y. App. Div. Mar. 17, 2026), the court reversed a lower court decision, and held that plaintiff sufficiently alleged claims of disability discrimination and hostile work environment. From the decision: In considering a motion to dismiss for failure to state a cause of…

Read More NYPD Sergeant’s Disability Discrimination, Hostile Work Environment Claims Sufficiently Alleged
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In Altidor v. Medical Knowledge Group LLC, 2026 NY Slip Op 00870 (N.Y. App. Div. 1st Dept. Feb. 17, 2026), the court unanimously reversed a lower court’s decision granting defendant’s motion to dismiss plaintiff’s claims of discriminatory non-promotion and termination under the New York State and City Human Rights Laws, and reinstated those claims. From…

Read More Dismissal Reversed; Race-Based Failure to Promote and Termination Claims Sufficiently Alleged
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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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