Court: NY App. Div. Dept. 2

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In Oluwo v. Sutton, No. 2019-13814, 2260/19, 2022 N.Y. Slip Op. 03734, 2022 WL 2057838 (N.Y.A.D. 2 Dept. June 08, 2022), the Appellate Division, Second Department modified a lower court order, and held that plaintiff sufficiently alleged claims of national origin-based discrimination (under the New York State Human Rights Law), and hostile work environment (under…

Read More Nigerian Plaintiff’s National Origin Discrimination and Hostile Work Environment Claims Should Have Not Have Been Dismissed, Court Holds
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In Blackman v. Metropolitan Transit Authority, NYC Transit Authority et al, No. 2019-09440, Index 502489, 2022 WL 1760133 (N.Y.A.D. 2 Dept. June 01, 2022), the court, inter alia, held that the lower court properly denied defendants’ motions for summary judgment on plaintiff’s race-based failure-to-hire and failure-to-promote claims asserted under the New York State and City…

Read More Discriminatory Hiring, Promotion Claims Survive Summary Judgment Against NYC Transit Authority
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In Lefort v. Kingsbrook Jewish Medical Center, No. 2019-08796, 505520/14, 2022 N.Y. Slip Op. 01294, 2022 WL 610080 (N.Y.A.D. 2 Dept., Mar. 02, 2022), the New York Appellate Division, Second Department reversed a lower court’s Order granting summary judgment to defendant on plaintiff’s claims of pregnancy discrimination (a form of sex/gender discrimination) under the New…

Read More Pregnancy Discrimination Case Survives Summary Judgment; Termination, Rehire With Diminished Responsibilities Followed Maternity Leave Return
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In Norwood v Simon Property Group, No. 2017-11874, 5155/12, 2021 N.Y. Slip Op. 07006, 2021 WL 5913212 (N.Y.A.D. 2 Dept., Dec. 15, 2021), the court discussed and applied the doctrine of “respondeat superior” to deny a motion to dismiss plaintiff’s claims against a movie theater for the actions of one of its managers. Here are…

Read More “Respondeat Superior” Applied Against Movie Theater For Manager’s Alleged Use of Pellet Gun Against Patron
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In Hutting v. Independent Living, No. 2017-09639, 6011/15, 2021 N.Y. Slip Op. 05551, 2021 WL 4763056 (N.Y.A.D. 2 Dept., Oct. 13, 2021), the court affirmed the dismissal of plaintiff’s claims of sexual orientation discrimination, as well as retaliation under the Family & Medical Leave Act. As to plaintiff’s discrimination claims, the court explained: The Supreme…

Read More Sexual Orientation Discrimination, FMLA Claims Properly Dismissed
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In Polite v. Marquis Marriot Hotel et al, No. 509830/15, 2021 N.Y. Slip Op. 04046, 2021 WL 2558121 (N.Y.A.D. 2 Dept. June 23, 2021), the court affirmed the dismissal of plaintiff’s employment discrimination, unlawful retaliation, and hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision is instructive…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against Marquis Marriot Hotel
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A recent decision, Brash v. Richards, 2021 NY Slip Op 03436 (N.Y. App. Div. 2nd Dept. June 2, 2021), held that a series of Executive Orders issued by Governor Cuomo in light of the COVID-19 pandemic constitute a “toll”, rather than a “suspension”, of certain filing deadlines. As a result, it held that the appeal…

Read More 2nd Dept.: Executive Orders Are a “Toll”, Not a “Suspension”
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In Bilitch v. NYC Health & Hospitals Corp. et al, No. 17238/11, 2018-14913, 2021 N.Y. Slip Op. 03300, 2021 WL 2125826 (N.Y.A.D. 2 Dept. May 26, 2021), the court, inter alia, held that the employer was not entitled to summary judgment on plaintiff’s sexual harassment hostile work environment claims asserted under the New York State…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment Against NYC Health & Hospitals Corp.
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In Diaz v. Minhas Construction Corp., LLC, No. 2019-11504, 500909/19, 2020 N.Y. Slip Op. 06496, 2020 WL 6603105 (N.Y. App. Div. 2 Dept. Nov. 12, 2020) – an employment discrimination/sexual harassment case – the court reversed a lower court order denying plaintiff’s motion to compel certain discovery relating to other employees who engaged in conduct…

Read More Sexual Harassment Plaintiff Entitled to Other-Employee Discovery
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In Mozzachio v. Schanzer, No. 2018-12385, 521309/17, 2020 N.Y. Slip Op. 06522, 2020 WL 6601906 (N.Y.A.D. 2 Dept., Nov. 12, 2020) – a sexual harassment case – the court, inter alia, held that an arbitration agreement was enforceable by the defendant. In this case, the plaintiff alleges claims of sexual harassment and hostile work environment,…

Read More Sexual Harassment Plaintiff Bound by Arbitration Agreement, Court Holds
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