CPLR 205 – Pospis Law, PLLC

November 9, 2025 by mjpospis

Hostile Work Environment, Retaliation, Sex Discrimination Claims Not Timely Recommenced in State Court Following Federal Court Dismissal

In Dranitca v. Allied Universal Sec. Services LLC, No. 150492/2025, 2025 WL 2814548 (N.Y. Sup. Ct. Sep. 26, 2025), an employment discrimination case, the court discussed and applied New York Civil Practice Law and Rules 205, which governs the timeframe in which to recommence an action in one forum after being dismissed in another. Here,…

Dismissal of Federal Action in Sexual Orientation Discrimination Case Did Not Render Ensuing State Action Untimelys Not Untimely

In Raji v SG Americas Securities, LLC, No. 12583, 2020 N.Y. Slip Op. 07475, 2020 WL 7250251 (N.Y.A.D. 1 Dept., Dec. 10, 2020) – an employment discrimination (based on sexual orientation) case – the Appellate Division, First Department held that plaintiff’s claims, in part, were not barred on statute of limitations grounds. The court’s decision…

Disability Discrimination & Retaliation Claims Dismissed on “Procedural” Grounds

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,…