Court: NY Supreme NY

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In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case
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In Sarmiento v. Ampex Casting Corp., 2019 NY Slip Op 30431(U), Index NO. 150294/2011 (Sup. Ct. NY Cty. Feb. 21, 2019), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s gender discrimination and retaliation claims. The court addressed the “central question” of “whether plaintiff has stated an issue of fact in her…

Read More Sexual Harassment Claim Survives Summary Judgment
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In 554 Euo LLC v. Bldg. Maintenance Employees Union, Local 486, No. 654999/2018, 2019 WL 645975 (N.Y. Sup Ct, New York County Feb. 11, 2019), the court upheld an arbitrator’s decision to impose a less serious sanction (loss on one months’ pay), instead of termination, upon an employee found to have engaged in workplace harassment. The…

Read More Court Upholds Arbitrator’s “Progressive Discipline” Determination in Light of Workplace Harassment
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In Clark v. Allen & Overy LLP, 2019 NY Slip Op 30146(U) ,Index No. 453138/2017 (Sup. Ct. NY Cty. Jan. 16, 2019) – an employment discrimination case including allegations of retaliatory discharge and sexual harassment (among many others) – the court dismissed, inter alia, dismissed plaintiff’s “breach of attorney client privilege” claim. Plaintiff claimed that “while working with…

Read More Court: No Cause of Action for “Breach of Attorney Client Privilege”
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From Deutsch v. City of New York Dept. of Envtl. Protection, 2019 NY Slip Op 30063(U), Index 161139/2017 (NY Sup. Ct. NY Cty. Jan. 7, 2019): Furthermore, none of the complaint allegations suggest that plaintiff complained about something that his employer was doing that would fall into the category of creating and presenting a danger to the public health…

Read More Whistleblower (Labor Law 740) Claim Dismissed Against NYC DEP
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In Walsh v. A.R. Walker & Co., Inc., No. 155009/16, 2018 WL 6505409, 2018 N.Y. Slip Op. 33159(U) (Sup Ct, New York County Dec. 07, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under the New York City Human Rights Law. In this case,…

Read More Sexual Orientation-Based Hostile Work Environment Claim Under the NYC Human Rights Law Survives Summary Judgment
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In Schmitt v Artforum Intl. Mag., Inc., 2018 NY Slip Op 33345(U) (Sup. Ct. NY Cty. Dec. 20, 2018), the court (inter alia) dismissed plaintiff’s retaliation claim under teh NYC Human Rights Law. In sum, plaintiff alleges retaliation by both defendants a violation of the New York City Human Rights Law [Administrative Code of the City…

Read More Retaliation Claim Under NYC Human Rights Law Insufficiently Pled
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In Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…

Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination Case
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In Vitti v Macy’s Inc., No. 152875/2018, 2018 WL 5787308, 2018 N.Y. Slip Op. 32809(U) (Sup Ct, New York County Nov. 05, 2018), the court granted defendant’s motion to dismiss plaintiff’s claims for disability discrimination and retaliation under the New York State and City Human Rights Laws. This case was not decided based on the merits,…

Read More Disability Discrimination & Retaliation Claims Dismissed on “Procedural” Grounds
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