Court: NY App. Div. Dept. 1

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In Doe v. New York City Police Department et al, No. 118182/09, 12763, 2019-3747, 2021 N.Y. Slip Op. 00009, 2021 WL 27523 (N.Y.A.D. 1 Dept., Jan. 05, 2021), the court, inter alia, unanimously reversed the lower court’s order granting summary judgment for defendants on plaintiff’s claim of employment discrimination asserted under the New York State…

Read More Sexual Orientation Discrimination Claim Survives Summary Judgment Against the NYPD
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From Fernandes v Jadah Carroll, LLC, No. 12665, 158642/19, 2020-02599, 2020 N.Y. Slip Op. 07669, 2020 WL 7391276 (N.Y.A.D. 1 Dept., Dec. 17, 2020): Defendants demonstrated conclusively that they were not subject to the New York City Human Rights Law’s prohibition on discrimination in employment based on disability because they employed fewer than four persons…

Read More NYC Human Rights Law Disability Discrimination Claim Dismissed; Defendants Employed Fewer Than Four Persons
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In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment for defendants on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Defendants argue that plaintiff’s separate claim…

Read More Retaliatory Termination Claims Survive Against Hyatt
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In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment for defendants on plaintiff’s quid pro quo and hostile work environment sexual harassment claims asserted under the New York State and City Human Rights…

Read More Sexual Harassment Claims (Quid Pro Quo, Hostile Work Environment) Survive Summary Judgment Against Hyatt
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In Pelepelin v. City of New York, No. 12535, 154246/18, 2019-5743, 2020 N.Y. Slip Op. 07291, 2020 WL 7061886 (N.Y.A.D. 1 Dept., Dec. 03, 2020), the New York Supreme Court, Appellate Division, First Department, inter alia, held that plaintiff sufficiently alleged a discriminatory failure to promote claim under the New York State and City Human…

Read More NYPD Detective’s Failure-to-Promote Discrimination Claims, Based on Age and National Origin (Russian), Sufficiently Alleged Under NYS & NYC Human Rights Laws
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In Wolfe–Santos v NYS Gaming Commission, No. 12467, 160963/16, 2018-6103, 2020 N.Y. Slip Op. 06976, 2020 WL 6877365 (N.Y.A.D. 1 Dept., Nov. 24, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York City Human Rights Law. From the decision: The complaint fails to state a cause…

Read More Disability Discrimination Complaint Dismissal Against NYS Gaming Commission Affirmed
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In Brown v. City of New York, No. 12411, 152006/19, 2020-02127, 2020 N.Y. Slip Op. 06700, 2020 WL 6731830 (N.Y.A.D. 1 Dept., Nov. 17, 2020), the court affirmed the dismissal of plaintiff’s disability discrimination claim asserted under the New York State and City Human Rights Laws, on the ground that it did “not contain any…

Read More Disability Discrimination Claims, Based on Asthma and Cancer, Held Properly Dismissed
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In Correa v. City of New York, 2020 NY Slip Op 06383 (NY App. Div. 1 Dept. Nov. 10, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges that defendants discriminated against her on the…

Read More Disability Discrimination Claim, Arising From Depression Disclosure, Properly Dismissed
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In Petrisko v Animal Medical Center, No. 12095, 151573/18, 2019-5044, 2020 N.Y. Slip Op. 05830, 2020 WL 6065450 (N.Y.A.D. 1 Dept., Oct. 15, 2020), the court affirmed the dismissal of plaintiff’s defamation, retaliatory discharge, and tortious interference. From the decision: The motion court correctly dismissed as untimely the defamation claims arising from statements that were…

Read More Retaliation, Defamation, and Tortious Interference Claims Properly Dismissed, Court Holds
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In Stephens v. New York State Division of Human Rights, No. 100699/18, 12163, 2019-5430, 2020 N.Y. Slip Op. 06038, 2020 WL 6163900 (N.Y.A.D. 1 Dept., Oct. 22, 2020), the court, inter alia, upheld the dismissal (by the NYS Division of Human Rights) of the petitioner’s disability discrimination claims. Here, the NYSDHR issued a determination of…

Read More Disability Discrimination Claims, Based on “Invisible” or “Hidden” Disability (Brain Injury), Properly Dismissed
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