In Matter of James v. New York City Dept. of Corr., 2019 NY Slip Op 31748(U), 158147/2018 (NY Sup. Ct. NY Cty. June 19, 2019), the court held that the petitioner, a corrections officer, failed to demonstrate that the Firearms Review Board’s denial of his application to carry a firearm was arbitrary and capricious and…
Read More Firearm Application Denial Not Discriminatory, Court HoldsIn Reitman v Ronell, No. 157658/2018, 2019 WL 2413149, at *1–2 (N.Y. Sup Ct, New York County June 04, 2019) – in which plaintiff alleges, inter alia, claims for gender discrimination, quid pro quo sexual harassment, and hostile educational environment – the court considered and ruled on plaintiff’s motion for a protective order under CPLR…
Read More Court Discusses Use of Interrogatories in Sexual Harassment CaseIn Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…
Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination ClaimsIn Petrisko v Animal Medical Center, No. 151573/2018, 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), the court, inter alia, dismissed plaintiff’s constructive discharge claim. The court explained that “[t]o state a claim for an adverse employment action based on a constructive discharge the plaintiff must allege facts tending to show…
Read More Rescission of Resignation Tanked Constructive Discharge Claim, Court HoldsIn Rehal v Weinstein, No. 151738/2018, 2019 WL 2088435 (N.Y. Sup Ct, New York County May 13, 2019), the court denied Robert Weinstein’s motion to dismiss the complaint against him in connection with the alleged hostile work environment primarily caused by Harvey Weinstein. Among other things, the court held that the Southern District of New…
Read More Court Denies Robert Weinstein’s Motion to Dismiss Discrimination ComplaintIn Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…
Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. It also upheld the NYCCHR’s award of $200,000…
Read More Court Upholds NYC Commission on Human Rights’ $200k Emotional Distress Damage Award in Sexual Harassment / Constructive Discharge CaseIn Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. From the decision: The NYCCHR found…
Read More Court Upholds NYCCHR Finding of Constructive DischargeIn Marfo v Castillo, No. 156442/2017, 2019 WL 1765896, 2019 N.Y. Slip Op. 31097(U) (N.Y. Sup Ct, New York County Apr. 22, 2019), a personal injury/car accident case, the court denied defendant’s motion to compel, inter alia, information regarding plaintiff’s social media accounts.[1]Full Disclosure: I appeared, in a per diem capacity, on oral argument on…
Read More Social Media Discovery Denied in Auto Accident CaseIn Harding v Donatella GCT LLC, No. 158886/2017, 2019 WL 1597675, at *1 (N.Y. Sup Ct, New York County Apr. 11, 2019), the court granted plaintiff’s motion under CPLR 3025 (b) to amend her complaint to add a claim under the Fair Chance Act of the New York City Human Rights Law, alleging that Donatella…
Read More Court Permits Amendment to Add “Fair Chance Act” Criminal History Discrimination Claim