CPLR 3211(a)(7)

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In Sacchi v. The Ribbon Worldwide LLC, No. 154663/2024, 2026 WL 676206 (N.Y. Sup. Ct. Feb. 25, 2026), the court granted defendant’s motion to dismiss plaintiff’s claim of weight discrimination asserted under the New York State and City Human Rights Laws. From the decision: Here, as an initial matter, this court finds that the NYSHRL…

Read More Weight Discrimination Claims Dismissed; Allegations Amounted to “Speculation”
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In Schwartz v. J. Nazmiyal, Inc., No. 151276/2025, 2026 WL 301047 (N.Y. Sup. Ct. Jan. 28, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of employment discrimination. From the decision: Defendants argue that plaintiff cannot establish the fourth necessary element, that an adverse action occurred under circumstances giving rise to an…

Read More Race Discrimination Sufficiently Alleged; Comparators Not a Mandatory Requirement
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In Chamale-Eustace v. State Univ. of New York at Stony Brook, et al. No. 2023–11413, 2026 WL 158303 (N.Y. App. Div. Jan. 21, 2026), the New York Supreme Court, Appellate Division, Second Department reversed a lower court’s decision, finding that plaintiff failed to state a claim for sex discrimination under 42 U.S.C. § 1983 and…

Read More Gender Discrimination, Asserted Under 42 U.S.C. § 1983 & the New York State Human Rights Law, Dismissed Due to Lack of “Adverse Employment Action”
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In Duckett-Holmes v. Planned Parenthood of Greater New York, Inc., No. 159488/2024, 2026 WL 93691 (N.Y. Sup. Ct. Jan. 05, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. This decision illustrates the basic principles governing the pleading of such a claim: In order to state a claim for…

Read More Hostile Work Environment Claim Dismissed; “Bare Legal Conclusions” Insufficient to State a Claim
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In Dorio v. Cmty. Hous. Mgmt. Corp. et al, No. 62784/2025, 2026 WL 90179 (N.Y. Sup. Ct. Jan. 8, 2026), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. Among other things, plaintiff alleged that she was forced to endure a…

Read More Court Dismisses Scent-Based Hostile Work Environment Claim
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In Keenan v. Bloomberg L.P., 2025 NY Slip Op 07224 (N.Y. App. Div. 1st Dept. Dec. 23, 2025), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging employment discrimination (including on disparate treatment and disparate impact theories). As to plaintiff’s disparate treatment claims, the court explained: Initially, we reject…

Read More Age, Sex Discrimination Claims Sufficiently Alleged Against Bloomberg L.P.
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In Mitchiner v. City of New York, No. 162210/2024, 2025 WL 3540930 (N.Y. Sup. Ct. Dec. 05, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination under the New York City Human Rights Law. From the decision: Defendants argue that plaintiff has not pled a “disability” within the meaning…

Read More Disability Discrimination Claim, Arising From Work-Related Concussion, Survives Dismissal
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In Wheat v. Vichie, No. 158627/2024, 2025 WL 3089438 (N.Y. Sup. Ct. Nov. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. From the decision: The only allegations Plaintiff makes that would go towards a discrimination claim based…

Read More Display of Nazi Material Insufficient to State Discrimination Claims, Court Holds
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In Clarke v. SOC, LLC, No. 527239/24, 2025 WL 2614623 (N.Y. Sup Ct, Kings County Sep. 09, 2025), the court, inter alia, dismissed plaintiff’s claims under the New York State and City Human Rights Law, since the alleged conduct did not occur in New York. From the decision: Both the NYSHRL and NYCHRL make it…

Read More NYS and NYC Human Rights Law Discrimination Claims Dismissed; Geographic Requirement Not Satisfied
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In Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…

Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. Holds
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