Court: NY Supreme NY

by

In Franklin v. Myth Clothing Co., No. 161482/2019, 2021 WL 743848 (N.Y. Sup Ct, New York County Feb. 24, 2021) – a gender discrimination case – the court determined that the defendants’ motion to dismiss based on documentary evidence (under CPLR 3211(a)(1)) and for failure to state a claim (under CPLR 3211(a)(7)) to a motion…

Read More Gender Discrimination Claim to be Decided on Summary Judgment; Evidence Included Praise of Alleged Harasser by Female Employees
Share This:
by

In Murray v. NYU Langone Hospitals et al, No. 151402/2019, 2021 WL 1204988 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed plaintiff’s discrimination and retaliation claims, but held that plaintiff’s sexual harassment / hostile work environment claim under the New York City Human Rights Law was sufficiently alleged. While this decision…

Read More Sexually Hostile Work Environment Claim Survives Dismissal Against NYU Langone Hospitals Under the NYC Human Rights Law
Share This:
by

In Cascalenda v. City of New York, No. 157807/2020, 2021 WL 1156597 (N.Y. Sup Ct, New York County Mar. 26, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination, hostile work environment, and constructive discharge. The facts, as summarized by the court: Plaintiff began his employment with the New…

Read More NYPD Employee’s Medical Marijuana-Related Discrimination Claims Survive Dismissal
Share This:
by

In Di Mauro v. Equinox Holdings, Inc., No. 162189/2019, 2021 WL 698917, 2021 N.Y. Slip Op. 30498(U), 2–3 (N.Y. Sup Ct, New York County Feb. 22, 2021), the court, inter alia, dismissed plaintiff’s claims of public accommodation discrimination against Equinox Holdings. The court summarized the facts as follows: This action arises out of an altercation…

Read More Court Dismisses Gym Member’s Public Accommodation Sexual Harassment Claim Against Equinox
Share This:
by

In Lopez v. Bendell, No. 156292/2017, 2021 WL 826394 (N.Y. Sup Ct, New York County Mar. 03, 2021) – an employment discrimination case – the court addressed several of defendants’ discovery requests, including, inter alia,[1]While this decision also addresses defendants’ motion to compel other discovery, e.g., an independent medical examination, tax records, authorizations for government benefits,…

Read More Social Media Discovery Addressed, Limited in Employment Discrimination Case
Share This:
by

In Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U), (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim. (The court also denied defendant’s motion to dismiss plaintiff’s disability discrimination and failure-to-accommodate-disability claims; I discussed that…

Read More Retaliation Claim Dismissed Against NYC; Officer’s Request for Reasonable Accommodation Was Not “Protected Activity”
Share This:
by

In Crawford v. The Goldman Sachs Group, Inc., et al.; Index No. 159731/2020 (Feb. 23, 2021), an employment discrimination/retaliation case, New York Supreme Court Justice Paul Goetz issued a (relatively terse) order granting defendants’ motion to compel arbitration, reasoning that “the claims fall within the scope of the arbitration clause and are not barred by…

Read More Discrimination Claims Must Be Arbitrated Against Goldman Sachs, Court Rules
Share This:
by

In Black v. ESPN, Inc. et al, No. 155236/2020, 2021 N.Y. Slip Op. 50118(U), 2021 WL 668760 (Sup Ct NY Cty, Feb. 19, 2021), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination, hostile work environment, and retaliation claims asserted under the New York State and City Human Rights Laws. In sum, plaintiff, a…

Read More Disability Discrimination, Hostile Work Environment, & Retaliation Claims Sufficiently Alleged Against ESPN et al
Share This:
by

In Harding v. Donatella GCT LLC et al, No. 158886/2017, 2021 N.Y. Slip Op. 50116(U), 2021 WL 647542 (Sup Ct, Feb. 18, 2021), the court, inter alia, denied defendant’s motion for summary judgment targeting plaintiff’s claim of retaliation. From the decision: To make out a claim for retaliation, a plaintiff must show that (1) she…

Read More Retaliation Claim, Based on Termination Following Complaint of Sexual Harassment/Groping, Survives Summary Judgment Dismissal
Share This:
by

In Harding v. Donatella GCT LLC et al, No. 158886/2017, 2021 N.Y. Slip Op. 50116(U), 2021 WL 647542 (Sup Ct, Feb. 18, 2021), the court, inter alia, dismissed plaintiff’s claim of gender discrimination. From the decision: Plaintiff here has not made out a prima facie case of gender discrimination. For example, the record reflects that…

Read More Gender Discrimination Claim Dismissed; Court Cites Female Plaintiff’s Replacement by Another Female
Share This: