Court: NY App. Div. Dept. 1

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In Herskowitz v State, No. 1226, 153247/22, 2023-00700, 2023 N.Y. Slip Op. 06808, 2023 WL 8939015 (N.Y.A.D. 1 Dept., Dec. 28, 2023), the NY Appellate Division, First Department, reinstated the plaintiff’s claim of retaliation asserted under the New York State Human Rights Law. The court summarized the black-letter law as follows: In order to state…

Read More Court Revives Retaliation Claim Arising Out of Corroboration of Sexual Harassment Against Former Governor Cuomo
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In Gibson v. 526 W. 158th St. Hous. Dev. Fund Corp., 2023 NY Slip Op 05686 (N.Y. App. Div. Nov. 14, 2023), the court unanimously affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging housing discrimination. From the decision: The motion court correctly determined that plaintiff’s second amended complaint adequately pleaded…

Read More Housing Discrimination Claim, Based on Denial of Application, Sufficiently Alleged
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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 2023 N.Y. Slip Op. 05684, 2023 WL 7497614 (N.Y.A.D. 1 Dept., Nov. 14, 2023), the court, inter alia, modified a lower court order, to deny the Department of Education’s motion to dismiss plaintiff’s race- and sex-discrimination…

Read More Race Discrimination, Sexual Harassment Claims Sufficiently Alleged Against NYC Board of Education
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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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In DeCollibus v. Schimmel, 2023 NY Slip Op 00372 (N.Y. App. Div. 1st Dept. Ja. 26, 2023), the court affirmed the lower court’s order dismissing plaintiff’s negligence claim, arising from injuries sustained when defendant’s dog (Lola) chased a ball onto a road in Central Park and collided with plaintiff while she was riding her bike.…

Read More Chasing Ball Was “Normal Canine Behavior”, Not Evidence of “Vicious Propensities”
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In Lewkowicz v. Terence Cardinal Cook Health Center et al, No. 153100/20, 17046, 2021-04033, 2023 N.Y. Slip Op. 00061, 2023 WL 138824 (N.Y.A.D. 1 Dept. Jan. 10, 2023), the New York Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s complaint, which alleged age discrimination under the New York State and City Human…

Read More Age Discrimination Claim Properly Dismissed, First Department Holds
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In Sakthivel v. Industrious Staffing Co., LLC, 2023 NY Slip Op 00044 (N.Y. App. Div. 1st Dept. Jan. 5, 2023), the court affirmed the lower court’s dismissal of plaintiff’s claim of retaliation, asserted under the New York Labor Law, arising from an assault by a co-worker. From the decision: Plaintiff pro se alleges that defendant…

Read More Whistleblower Claim, Based on Alleged Co-Worker Assault, Dismissal Affirmed
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In Lively v. Wafra Inv. Advisory Group, Inc., 2022 NY Slip Op 06887 (N.Y. App. Div. 1st Dept. Dec. 6, 2022), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s age discrimination asserted under the New York State and City Human Rights Laws. From the decision: Even under the lenient notice pleading standard afforded…

Read More Court Affirms Dismissal of Age Discrimination Complaint
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In Sicola v Cushman & Wakefield, No. 160229/15, 16600, 2021-03378, 2022 N.Y. Slip Op. 06185, 2022 WL 16640723, at *2 (N.Y.A.D. 1 Dept., Nov. 03, 2022), the court affirmed the dismissal of plaintiff’s age discrimination claim asserted under California law (specifically, California’s Fair Employment and Housing Act, or FEHA). From the decision: To make out…

Read More Age Discrimination Dismissal Affirmed; “Old School” and Other Comments Held Insufficient
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