In Christian v. The Dept. of Educ. of the City of New York, No. 158793/2021, 2022 WL 17177577 (N.Y. Sup Ct, New York County Nov. 23, 2022), the court denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: That branch of defendants’…
Read More NYC Teacher’s Race Discrimination Claims Sufficiently AllegedIn Hribovsek v. United Cerebral Palsy of New York City, No. 152849/2017, 2022 WL 16924073 (N.Y. Sup Ct, New York County Nov. 14, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin discrimination, as well as her claims of hostile work environment, under the New…
Read More Discrimination Claims, Based in Part on Mocking of Slovenian Accent, Survive Summary JudgmentIn a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…
Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at InquestIn Wetzel v. Systra USA Inc., No. 151707/2022, 2022 WL 16574840 (N.Y. Sup Ct, N.Y. Cty. Nov. 01, 2022), the court dismissed plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws. After holding that plaintiff failed to state a claim under the New York State Human Rights Law, court…
Read More Age Discrimination Claims Dismissed; Younger Workers Also Suffered DetrimentIn Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court explained: With respect to the plaintiff’s contention that he was subjected to…
Read More Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments InsufficientIn Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…
Read More Retaliation Claim Insufficiently Alleged; Element of Causation LackingIn Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…
Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter JurisdictionIn Reno v. Structuretech New York, Inc., No. 160158/2021, 2022 WL 3999584 (N.Y. Sup Ct, New York County Aug. 25, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination and hostile work environment under the New York State and City Human Rights Laws, as well as retaliation under the…
Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims, Based in Part of Reference to Plaintiff as “Boy”, Sufficiently AllegedIn Walker v. Triborough Bridge and Tunnel Authority, No. 160839/2021, 2022 WL 3227920 (N.Y. Sup Ct, New York County Aug. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender- and race-based discrimination and retaliation claims, as well as her claim under the Gender Motivated Violence Act. As to the…
Read More Gender Discrimination, Race Discrimination, Retaliation, and Gender Motivated Violence Act Claims Sufficiently Alleged Against Triborough Bridge & Tunnel AuthorityIn Pease v. The City of New York, No. 161501/2021, 2022 WL 3336139 (N.Y. Sup Ct, New York County Aug. 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: To state a claim for…
Read More NYCHRL Discrimination Claim, Based on Discipline and Non-Promotion, Survives Dismissal