CPLR 3211(a)(7)

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In Perez v. RJR Maintenance Group Inc., No. 652938/2023, 2024 WL 1532761 (N.Y. Sup Ct, New York County Apr. 5, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. In reaching its conclusion, the court employed the “joint employer”…

Read More Applying “Joint Employer” Doctrine, Court Denies Motion to Dismiss National Origin Discrimination Claims
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In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…

Read More Hispanic Native American Man’s Discrimination Claims Survive Dismissal
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In Dixon v. City of New York, No. 161050/2022, 2024 WL 580659 (N.Y. Sup Ct, New York County Feb. 13, 2024), the court, inter alia, dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: With respect to plaintiff’s retaliation claim, the court notes that plaintiff proffers no arguments…

Read More Court Dismisses Retaliation Claim, Citing Lack of Specificity as to When Plaintiff Voiced Complaints of Discrimination etc.
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In Ruiz v. Armstrong, No. 508834/2017, 2024 WL 514006 (N.Y. Sup Ct, Kings County Feb. 02, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: [A]t the motion to dismiss phase, a…

Read More Terminated Hispanic Teacher Sufficiently Alleges Race/National Origin Discrimination, Court Holds
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In Sanchez v. Hersha Hospitality Trust, No. 155483/2022, 2024 WL 129992 (N.Y. Sup Ct, New York County Jan. 11, 2024), the court, inter alia, held that plaintiff sufficiently asserted a claim of discrimination based on criminal conviction history under the New York City Human Rights Law. From the decision: Plaintiff has sufficiently pled a prima…

Read More NYCHRL Discrimination Claim, Based on Conviction Record, Survives Dismissal
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In Santiago et al v. The City of New York, No. 159551/2021, 2024 WL 144971 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied the defendants’ motion to dismiss (some) plaintiffs’ claims of sex-based hostile work environment asserted under the New York State and City Human Rights Laws. In sum,…

Read More Female Plaintiffs’ Sex-Based Hostile Work Environment Claims, Arising From Sexual Harassment by Inmates, Survive Dismissal
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In Seemungal v New York State Department of Financial Services, No. 1087, 151495/21, 2022-02913, 2023 N.Y. Slip Op. 06341, 2023 WL 8587657 (N.Y.A.D. 1 Dept., Dec. 12, 2023), the court – citing the “liberal construction” which must be applied to pleadings when ruling on a motion to dismiss – reversed a lower court’s dismissal of…

Read More Sex Discrimination, Retaliation Claims Resurrected From Dismissal in Suit Against NYS Dept. of Financial Services
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: To state a…

Read More NYPD Officer’s Retaliation Claims, Arising From Command Disciplines Etc. Following Complaint of Discrimination, Survive Dismissal
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