In Lax et al v. City University of New York et al, No. 504682/2021, 2024 N.Y. Slip Op. 50919(U), 2024 WL 3449207 (Sup Ct Kings Cty June 28, 2024), the court, inter alia, granted defendant CUNY’s motion to dismiss defendants’ (cross) claims of First Amendment retaliation. The court summarized, and applied, the law as follows:…
Read More First Amendment Retaliation Claims Dismissed Against CUNYIn Silverthorne v. The City of New York, No. 507047/2023, 2024 WL 3312436 (N.Y. Sup Ct, Kings County July 05, 2024), the court granted the defendant’s motion to dismiss plaintiff’s claims of race/gender discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Accepting the facts…
Read More Race/Gender Discrimination, Hostile Work Environment Claims Dismissed; “Ambiguous” Allegations as to “Angry Black Woman” Comment InsufficientIn Minor v Essence Ventures, LLC, No. 533765/2023, 2024 N.Y. Slip Op. 50758(U), 2024 WL 3212243 (NY Sup Ct Kings Cty, June 23, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claim asserted under the New York State Human Rights Law. This decision is instructive as to how courts assess the sufficiency…
Read More NYSHRL Disability Discrimination Claim Survives Dismissal; Inference Supported by Termination 8 Days After Disclosure of DisabilityIn Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claims asserted under the New York State and City Human Rights Laws. (The court also held that plaintiff sufficiently pleaded a hostile…
Read More Race-Based Discrimination Claims, Based on Alleged Disparate Discipline, Sufficiently Alleged Under the NYS and NYC Human Rights LawsIn Thompson v. The City of New York, No. 525109/2022, 2024 WL 2941866 (N.Y. Sup Ct, Kings County June 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. While the court held that plaintiff did not sufficiently allege a hostile…
Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights LawIn Amendola v. The City of New York, No. 501349/2023, 2024 WL 2155155 (N.Y. Sup Ct, Kings County May 13, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability discrimination claim. From the decision: Plaintiff has sufficiently pleaded that defendants failed to accommodate her disability under the City HRL. The Amended Complaint adequately…
Read More NYPD Officer Sufficiently Alleges Failure to Accommodate Disability Under the NYC Human Rights LawIn Flint v. Atlantic Networks, LLC, No. 505043/2021, 2024 WL 1840597 (N.Y. Sup Ct, Kings County Apr. 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. The court began by summarizing the standard to apply when considering a pre-answer motion…
Read More Court Denies Motion to Dismiss NYSCHR, NYCHRL Disability Discrimination Claims Following Dismissal of Federal Complaint Without PrejudiceIn S.S v. Diocese of Brooklyn, No. 523927/2019, 2024 WL 515477 (N.Y. Sup Ct, Kings County Feb. 05, 2024), the court, inter alia, denied defendants’ motion to strike “scandalous” language from plaintiff’s complaint. From the decision: Defendants move by Notice of Motion seq. 002 for an order striking scandalous and unnecessary language from the complaint…
Read More “Scandalous” Language, Pertaining to History of Concealment of Alleged Priest Sexual Abuse, Was Pertinent to Claims and Thus Not Stricken, Court RulesIn Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…
Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court HoldsIn Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: To state a…
Read More NYPD Officer’s Retaliation Claims, Arising From Command Disciplines Etc. Following Complaint of Discrimination, Survive Dismissal