CPLR 3211(a)(7)

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In Beaute Aesthetics NYC LLC v. Jacobs, No. 650898/2024, 2026 WL 938398 (N.Y. Sup. Ct. Apr. 02, 2026), the court, inter alia, granted plaintiff’s motion to dismiss defendant’s counterclaim asserting a hostile work environment: To establish a hostile work environment claim under the New York City Human Rights Law, “the primary issue for a trier…

Read More Hostile Work Environment Claim Dismissed; Alleged Unwanted Phone Calls and Texts Insufficient, Absent Allegations of Differential Treatment
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In Wong v. Eason, No. 952133/2023, 2026 WL 909713 (N.Y. Sup. Ct. Mar. 30, 2026), the court denied defendant’s motion to dismiss her discrimination claims (but not her intentional infliction of emotional distress claim). From the decision: Plaintiff Winnie Wong, desirous of a career as a publicist in the music industry, began her career as…

Read More Discrimination, Assault, Battery, Sexual Harassment Claims (But Not Intentional Infliction of Emotional Distress) Claims Survive Dismissal
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In Dunphy v. Giuliani, No. 650033/2023, 2026 WL 907841 (N.Y. Sup. Ct. Mar. 30, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims under the New York State and City Human Rights Laws on the grounds of jurisdiction (lack of connection to New York City) and timeliness. From the…

Read More Sexual Harassment, Hostile Work Environment Claims Sufficiently Alleged Against Giuliani, Court Holds
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In Henriquez v. City of New York, No. 160044/23, 2026 WL 739752 (N.Y. App. Div. Mar. 17, 2026), the court reversed a lower court decision, and held that plaintiff sufficiently alleged claims of disability discrimination and hostile work environment. From the decision: In considering a motion to dismiss for failure to state a cause of…

Read More NYPD Sergeant’s Disability Discrimination, Hostile Work Environment Claims Sufficiently Alleged
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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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