CPLR 3211(a)(2) – Pospis Law, PLLC

January 24, 2025 by mjpospis

Disney Actor’s Discrimination Claim Survives Dismissal; Court Explains NYS and NYC Human Rights Laws’ “Impact Test”

In James v. Disney Studios Content, No. 159201/2022, 2025 WL 257207 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the New York State and City Human Rights Laws, on the ground that the court lacks subject matter jurisdiction pursuant to CPLR 3211(a)(2).…

Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination Complaint

In 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…

Court Dismisses NYC Human Rights Law Claims (Sexual Harassment Etc.) Against Non-NYC Company

A recent New York state court decision, Fernandez v. POP Displays & Active Staffing Services (NY Sup. Ct. NY Cty. 154516/2016 Jan. 5, 2017), illustrates the limitations on the geographic reach of the New York City Human Rights Law. The court granted defendant POP Display’s motion to dismiss under CPLR 3211(a)(2) for lack of subject…