In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…
Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights LawIn Farber Schneider Ferrari LLP v. Slowik, No. 157630/2019, 2022 WL 114106 (N.Y. Sup Ct, New York County Jan. 12, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for hostile work environment and sexual harassment. From the decision: Defendants’ motion to dismiss the cause of action alleging violations of the State…
Read More Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Based on Pejorative Hispanic Comments, Pornographic ImagesIn Patterson v. City of New York, No. 158598/2020, 2021 WL 5445502 (N.Y. Sup Ct, New York County Nov. 09, 2021), the court, inter alia, dismissed plaintiff’s retaliation claim asserted against the City of New York under the New York City Human Rights Law. From the decision: To state a claim for retaliation under the…
Read More Retaliation Claim Dismissed Against City of New York; Allegation That Plaintiff “Spoke Out Against” Discrimination Was ConclusoryIn Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…
Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal JurisdictionIn Lum v. Consol. Edison, No. 160027/2020, 2021 WL 5331547 (N.Y. Sup Ct, New York County Nov. 16, 2021), the court, inter alia, dismissed plaintiff’s national origin discrimination claim asserted under the New York State and City Human Rights Laws. Plaintiff alleged, among other things, that plaintiff’s co-worker made derogatory comments to him (e.g., “open…
Read More National Origin (Chinese) Discrimination Claim Dismissed Against Con EdisonIn Govender v. Brooklyn Immunotherapeutics LLC, No. 650847/2021, 2021 WL 5234682 (N.Y. Sup Ct, NY Cty. Nov. 09, 2021), an employment discrimination case, the court granted defendant’s motion to compel arbitration and to stay the action. From the decision: Plaintiff’s affirmation highlights that the arbitration clause is void under CPLR 7515 as it would require…
Read More Employment Discrimination Arbitration Agreement Not Subject to Invalidation on the Ground of Prohibitive CostIn Lemanski v. SFM Realty Corp., No. 150261/2021, 2021 WL 4973959 (N.Y. Sup Ct, New York County Oct. 26, 2021), the court, inter alia, held that plaintiff stated claims for gender- and religion-based discrimination (but not age discrimination) under the New York City Human Rights Law. From the decision: The sole element of plaintiff’s prima…
Read More Gender & Religious Discrimination Claims Sufficiently Alleged on “Disparate Discipline” TheoryIn Oliveras v. City of New York, No. 159011/2020, 2021 WL 4868415 (N.Y. Sup Ct, N.Y. Cty. Oct. 19, 2021), the court held that plaintiff (a NYPD Officer) sufficiently alleged that he was subject to disability discrimination under the N.Y.C. Human Rights Law, and therefore denied defendants’ motion to dismiss. From the decision: Here, accepting…
Read More NYPD Officer’s Disability Discrimination Claims Sufficiently Alleged, Court HoldsIn Woolf v. Bloomberg L.P., No. 155152/2020, 2021 WL 4427372 (N.Y. Sup Ct, New York County Sep. 24, 2021), the court considered whether and to what extent a prior federal court decision – which dismissed the plaintiff’s disability discrimination claim under the Americans with Disabilities Act – prohibits the plaintiff (under principles of collateral estoppel)…
Read More Migraine-Disability Case Dismissed Against Bloomberg L.P.In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…
Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts