Court: NY App. Div. Dept. 1

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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 07182 (App. Div. 1st Dept. Oct. 12, 2017), the court affirmed the denial of defendant’s motion to dismiss plaintiff’s – a female licensed crane operator – gender discrimination claim under the New York City Human Rights Law. From the decision/order: Even if Plaza is not plaintiff’s employer…

Read More Female Crane Operator Sufficiently Alleges Gender Discrimination (Wrongful Termination)
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In Sass v. Hewlett-Packard, 2017 NY Slip Op 06628 (App. Div. 1st Dept. Sept. 26, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint, which alleged age discrimination. From the decision: Plaintiff has failed to point to any evidence to support an inference that he was terminated on account…

Read More Age Discrimination Claim Dismissal Affirmed; Replacement by Younger Employee Was Alone Insufficient
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In Mehulic v. New York Downtown Hosp., 2017 NY Slip Op 06416 (App. Div. 1st Dept. Sept. 12, 2017), the court reversed the trial court’s Order granting defendant summary judgment on plaintiff’s retaliation claim under Labor Law § 741 on the ground of collateral estoppel. From the decision: However, the motion court erred in finding that plaintiff’s…

Read More Whistleblower (NY Labor Law § 741) Retaliation Claim Survives Summary Judgment; OPMC Rulings Did Not Operate as Collateral Estoppel
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In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading,…

Read More Sexual Orientation Discrimination Claims Rendered Timely Under the “Relation Back” Doctrine, CPLR 203(f)
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In Edwards v. Nicolai, 2017 NY Slip Op 06235 (App. Div. 1st Dept. Aug. 22, 2017), the court modified a lower court’s Order (issued by Judge Shlomo Hagler) dismissing plaintiff’s causes of action for gender discrimination in violation of the New York State and New York City Human Rights Laws, to deny defendant’s motion as to those…

Read More Court Reinstates “Too Cute” Gender Discrimination Claims Under NYS and NYC Human Rights Laws
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In Moraetis v. Evans, 2017 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2017), the court discussed the application of the “single employer” doctrine to plaintiff’s discrimination claims under the New York State and City Human Rights Laws, and the use of independent contractors to meet the four-person threshold under the City Law. From the…

Read More “Single Employer” Doctrine Held Inapplicable in Gender Discrimination Case
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In Rubin v. Napoli Bern Ripka Shkolnik, LLP, 2017 NY Slip Op 05054 (App. Div. 1st Dept. June 20, 2017) – a gender discrimination lawsuit – the court unanimously affirmed the denial of defendant’s motion to amend his answer to assert counterclaims for defamation and defamation per se. From the decision: [D]efendant fails to state with particularity…

Read More Defamation Counterclaims Insufficiently Alleged in Gender Discrimination Suit Against Napoli Bern Firm
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In Barone v. Emmis Communications Corp., 2017 NY Slip Op 04787 (App. Div. 1st Dept. June 13, 2017), the court reversed the lower court’s order granting defendants’ motion for summary judgment on her gender discrimination claim. (I wrote about the lower court’s decision here.) The court wrote: As ostensibly nondiscriminatory reasons for terminating plaintiff, defendants pointed to…

Read More Gender Discrimination Claim Survives Summary Judgment; Issues of Fact Existed as to Pretext
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In Bantamoi v. St. Barnabas Hosp., 146 A.D.3d 420, 420–21, 44 N.Y.S.3d 398, 399 (N.Y. App. Div. 1st Dept. Jan. 3, 2017), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. This case addresses one issue that arises in most, if not all, retaliation cases:…

Read More NYC Human Rights Law Retaliation Claim Properly Dismissed; Too Much Time Between Protected Activity and Adverse Action
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From Rubino v. 330 Madison Co., LLC, 2017 NY Slip Op 04210 (App. Div. 1st Dept. May 25, 2017): The court properly granted plaintiffs’ motion for partial summary judgment on the Labor Law § 241(6) claim as against appellants. It is undisputed that violations of Industrial Code (12 NYCRR) § 23-1.13(b)(3) and (4) proximately caused…

Read More Electrocuted Worker Entitled to Summary Judgment Under New York Labor Law § 241(6)
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