In Lax et al v. City University of New York et al, No. 504682/2021, 2024 N.Y. Slip Op. 50919(U), 2024 WL 3449207 (Sup Ct Kings Cty June 28, 2024), the court, inter alia, granted defendant CUNY’s motion to dismiss defendants’ (cross) claims of First Amendment retaliation. The court summarized, and applied, the law as follows:…
Read More First Amendment Retaliation Claims Dismissed Against CUNYIn Pennetti v. The City of New York, No. 154367/2023, 2024 WL 3345017 (N.Y. Sup Ct, New York County June 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims. From the decision: Defendant’s motion to dismiss Plaintiff’s hostile work environment claim is denied. Under the State HRL, a…
Read More Hostile Work Environment Claims Survive Dismissal; Allegations Included Yelling, Demeaning, and Threatening to Terminate Older Male EmployeesIn Minor v Essence Ventures, LLC, No. 533765/2023, 2024 N.Y. Slip Op. 50758(U), 2024 WL 3212243 (NY Sup Ct Kings Cty, June 23, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claim asserted under the New York State Human Rights Law. This decision is instructive as to how courts assess the sufficiency…
Read More NYSHRL Disability Discrimination Claim Survives Dismissal; Inference Supported by Termination 8 Days After Disclosure of DisabilityIn Holloway v. City of New York, No. 155025/2023, 2024 WL 3203274 (N.Y. Sup Ct, New York County June 27, 2024), the court denied defendant’s motion to dismiss plaintiff’s claim of arrest-record discrimination under the New York State and City Human Rights Laws. From the decision: Turning to CPLR § 3211 (a)(7), the court finds…
Read More Arrest-Record Discrimination Claims Survive Dismissal, Court HoldsIn Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claims asserted under the New York State and City Human Rights Laws. From the decision: The court further finds that Plaintiff has…
Read More NYPD Lieutenant Sufficiently Alleges Constructive Discharge, Court HoldsIn David v. The City of New York, No. 156939/2023, 2024 WL 3070011 (N.Y. Sup Ct, New York County June 20, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability claim asserted under the New York City Human Rights Law. From the decision: Here, Plaintiff has sufficiently alleged that, as a uniformed officer…
Read More NYPD Officer Sufficiently Alleges Failure-to-Accommodate Disability Discrimination Claim, Court HoldsIn Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: Plaintiff’s complaint and amended complaint interpose…
Read More Asian NYPD Officer Sufficiently Alleges Discrimination, Hostile Work Environment ClaimsIn Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2024 WL 2244767 (N.Y. Sup Ct, New York County May 14, 2024), inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: In the amended complaint, plaintiff alleges that she complained to…
Read More Retaliation Claims Survive Dismissal Against Gladstone GalleryIn Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second…
Read More NYPD Officer Sufficiently Alleges Disability-Based Hostile Work Environment Under the NYC Human Rights LawIn Dixon v. City of New York, No. 161050/2022, 2024 WL 1995142 (N.Y. Sup Ct, New York County May 6, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination, gender discrimination, hostile work environment, retaliation, and religious discrimination (failure to accommodate). As to plaintiff’s hostile work environment claims, the court explained: Under…
Read More Plaintiff Sufficiently Alleges Sex and Race-Based Hostile Work Environment Claims Against the City of New York, Court Holds