CPLR 3211(a)(7)

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In Farmer v. Mizuho Securities USA LLC, No. 151348/24, 2026 WL 1291338 (N.Y. App. Div. May 12, 2026), the New York Appellate Division, First Department reversed the lower court’s decision, and reinstated plaintiff’s claims of gender discrimination and hostile work environment under the New York State and City Human Rights Laws. From the decision: Plaintiff’s…

Read More Applying the Continuing Violation Doctrine, the First Department Reinstates NYS & NYC Human Rights Law Gender Discrimination and Hostile Work Environment Claims
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In Leshchenko v. Go New York Tours, Inc., No. 162179/2025, 2026 WL 1269950 (N.Y. Sup. Ct. May 04, 2026), the court denied defendant’s motion to dismiss plaintiff’s sexual orientation-based discrimination claims asserted under the New York State and City Human Rights Laws. The court summarized the facts as follows: Plaintiff, who is gay, began working…

Read More Sexual Orientation Discrimination Claims Survive Dismissal; Allegations Included Relocating Gay Plaintiff to Close Proximity of Coworker Who Used Homophobic Slur
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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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