In Naramore v. Mount Sinai Health Sys. Inc., 2022 NY Slip Op 03479 (N.Y. App. Div. 1 Dept. May 31, 2022), a gender discrimination case, the court addressed an issue that frequently arises in litigation, namely, the scope of discovery to which the parties are entitled. In employment discrimination cases, a plaintiff will often attempt…
Read More Court Limits Discovery in Gender Discrimination CaseIn Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…
Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit AuthorityIn Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…
Read More Hostile Work Environment Claims, Based on Mocking of Accent, May ProceedIn Alshami v. City University of New York, No. 15573, 160183/19, 2021-03967, 2022 N.Y. Slip Op. 02053, 2022 WL 867839 (N.Y.A.D. 1 Dept., Mar. 24, 2022), the court held that plaintiff sufficiently alleged discrimination based on national origin (Yemeni), hostile work environment, and retaliation in violation of the New York State Human Rights Law. From…
Read More National Origin (Yemeni) Discrimination, Hostile Work Environment, Retaliation Claims Sufficiently Alleged Against CUNYIn Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…
Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”In Montgomery v ELRAC, Enterprise Holdings, No. 15181, 2021-03162, 25814/16E, 2022 N.Y. Slip Op. 00508, 2022 WL 243072 (NY App. Div. 1 Dept. Jan. 27, 2022), an employment discrimination action, the court affirmed the lower court’s order granting defendants’ motion to change venue from Bronx County to New York County (Manhattan). When plaintiff commenced this…
Read More Discrimination Lawsuit Venue Change, From Bronx to Manhattan, UpheldIn Goldin v. Alphawit LLC, 2022 NY Slip Op 00249 (N.Y. App. Div. 1st Dept. Jan. 13, 2022), the court affirmed the dismissal of plaintiff’s “religious persecution” claim asserted under the New York State Human Rights Law and Article 47 of the New York City Health. Plaintiff’s complaint alleged that defendant refused to allow plaintiff’s…
Read More Religious Persecution Claim Dismissed Against SchoolIn Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…
Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical CenterNew York is an “at will employment” state. In Winiarski v. Butler, 2021 NY Slip Op 07534 (N.Y. App. Div. 1st Dept. Dec. 28, 2021), the court unanimously affirmed the dismissal of plaintiff’s tort claims allegedly arising from plaintiff’s termination. It explained: New York does not recognize the tort of wrongful discharge for at-will employees, and…
Read More Terminated At-Will Employee’s Defamation, Tortious Interference Claims Properly DismissedIn Bradshaw v. City of New York, No. 1486 8, 2021-01234, 2021 N.Y. Slip Op. 07060, 2021 WL 5930827 (N.Y.A.D. 1 Dept., Dec. 16, 2021), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s employment discrimination claims on the ground of “res judicata”. From the decision: Plaintiff’s claims for gender discrimination, hostile work…
Read More Gender Discrimination, Hostile Work Environment, Retaliation Claims Held Properly Dismissed on “Res Judicata” Grounds