Court: NY Supreme NY

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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim that defendant failed to engage in a cooperative dialogue, pertaining to an alleged disability, in violation of the New York City Human…

Read More Failure to Plead “Disability” Dooms “Cooperative Dialogue” Claim Under NYC Human Rights Law
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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim, asserted under New York City Human Rights Law (N.Y.C. Admin. Code § 8-107(7), finding that such claim was sufficiently alleged. (The court…

Read More Retaliation Claim, Arising From Complaint of Caregiver-Status Discrimination, Sufficiently Alleged Against NYC Health & Hospitals Corp.
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In Tarantul v. New York City Health and Hospitals Corp., No. 159425/2020, 2022 WL 159587 (N.Y. Sup Ct, New York County Jan. 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s “caregiver status” discrimination claim asserted under the New York City Human Rights Law, finding that such claim was sufficiently alleged. (The…

Read More Caregiver-Status Discrimination Claim Sufficiently Alleged Against NYC Health & Hospitals Corp.
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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 Law
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In 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 Images
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In 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 Conclusory
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In 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 Jurisdiction
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In 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 Edison
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In 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 Cost
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In 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” Theory
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