Court: NY Supreme NY

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In Henry v. Ground, No. 153458/2021, 2022 WL 2158368 (N.Y. Sup Ct, New York County June 10, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under the New York State and City Human Rights Laws. Plaintiff bases her claim on two incidents (one in July 2018, the other in…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Off-Premises Conduct by Co-Workers, Dismissed
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In Kirstyn Crawford v. American Broadcasting Co., Inc., No. 157874/2021, 2022 WL 2066925 (N.Y. Sup Ct, New York County June 08, 2022), the court granted individual defendant Michael Corn’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims, asserted under the New York State and City Human Rights Laws, as time-barred. Plaintiff (an ABC…

Read More Hostile Work Environment Sexual Harassment Claims Dismissed, as Time-Barred, Against Former ABC Producer Michael Corn
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of gender discrimination and hostile work environment under the New York State and City Human Rights…

Read More Sex/Gender Harassment & Hostile Work Environment Claims Survive Against CareandWear II, Inc.
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In Brager v. Quality Bldg. Services Corp., No. 155832/2021, 2022 WL 1599529 (N.Y. Sup. Ct. NY Cty. May 20, 2022), the court, inter alia, dismissed plaintiff’s age and national origin-based hostile work environment claim as insufficiently pled. As to plaintiff’s age discrimination claim, the court explained: Plaintiff’s allegations regarding the alleged hostile work environment related…

Read More Hostile Work Environment Claims Insufficiently Alleged; Being Jewish Was Not a “National Origin” Category
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Montiel v. Degeorgio, No. 155126/2019, 2022 WL 783951 (N.Y. Sup Ct, New York County Mar. 15, 2022), the court, inter alia, denied defendants’ motion to dismiss employment discrimination claims asserted by plaintiff under the New York City and State Human Rights Laws. Among other things, plaintiff – a 38 year-old Hispanic male employed as…

Read More Discrimination, Hostile Work Environment Claims Sufficiently Alleged Against Boat Basin Café
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In Ames v. New York City Dept. of Educ., No. 151743/2021, 2022 WL 705673 (N.Y. Sup Ct, New York County Mar. 09, 2022), the court, inter alia, dismissed plaintiff’s employment discrimination complaint under CPLR 3211(a)(5), since it was barred by a release plaintiff entered into. From the decision: This action is barred by the releases…

Read More Employment Discrimination Claims Barred by Release; Duress Argument Rejected
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In Kao v. Onyx Renewable Partners L.P., No. 654411/2021, 2022 WL 705640 (N.Y. Sup Ct, New York County Mar. 08, 2022), the court dismissed plaintiff’s gender discrimination claims under the New York State and City Human Rights Laws. From the decision: The particular discrimination allegations against defendant is the one-time “Happy International Woman’s Day” wish…

Read More “Happy International Woman’s Day” Comment Insufficient to Support Sex/Gender Discrimination Claim
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In Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…

Read More Sexual Harassment and Other Claims Dismissed Against Andrew Napolitano
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