In Guida v. Uber Technologies, Inc., No. 152107/2020, 2021 WL 781340, 2021 N.Y. Slip Op. 30573(U) (N.Y. Sup Ct, New York County Mar. 01, 2021), the court dismissed plaintiff’s claims for negligent hiring, supervision, and/or retention – based on plaintiffs’ allegation that that they were harassed and sexually assaulted by the defendant Jianmin Xu, an…
Read More Sexual Assault/Harassment Case Dismissed Against UberIn Pustilnik v. Battery Park City Authority et al, No. 150138/2020, 2021 N.Y. Slip Op. 21087, 2021 WL 1324212 (NY Sup. Ct. NY Cty. Apr. 8, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law.[1]The court also denied defendants’ motion to…
Read More Disability Discrimination Claim Survives Dismissal Against the Battery Park City AuthorityIn Pustilnik v. Battery Park City Authority et al, No. 150138/2020, 2021 N.Y. Slip Op. 21087, 2021 WL 1324212 (NY Sup. Ct. NY Cty. Apr. 8, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of age discrimination asserted under the New York City Human Rights Law.[1]The court also denied defendants’ motion to…
Read More Age Discrimination Complaint Sufficiently Alleged Against Battery Park City AuthorityIn Crandall v. Equinox Holdings, Inc., No. 157373/2018, 2021 WL 1253808, 2021 N.Y. Slip Op. 31063(U) (N.Y. Sup Ct, New York County Apr. 05, 2021), a sexual assault case, the court ruled on the plaintiff’s motion to compel discovery. The court summarized the facts, and plaintiff’s motion, as follows: In this case, plaintiff alleges that…
Read More Sexual Assault Plaintiff’s Motion to Compel Granted in PartIn Bush v. Alliant Content, LLC, No. 151495/2020, 2021 WL 1204987 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed, with prejudice, plaintiff’s claim of employment discrimination under the New York City Human Rights Law (NYCHRL). While that statute is comparatively broader than its federal and state counterparts, it will not apply…
Read More Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination ComplaintIn 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 EmployeesIn 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 LawIn 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 DismissalIn 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 EquinoxIn 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