CPLR 3211(a)(7)

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In Wikked Entertainment, Inc. v. Burbacki, No. 652352/2018, 2019 WL 3854921, 2019 N.Y. Slip Op. 32440(U) (N.Y. Sup Ct, New York County Aug. 16, 2019), the court, inter alia, held that the facts as alleged, taken as true, fit within a theory of recovery (in the nature of employment discrimination / hostile work environment), but…

Read More Employment Discrimination/Hostile Work Environment Counterclaim Allegations Fit Within Legal Theory, But Responding Party Was Entitled to More Definite Statement
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court Finds
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks
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In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…

Read More Gender, Disability Discrimination Claims Dismissed Against Citibank
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In Reilly v. First Niagara Bank, N.A., 2019 NY Slip Op 04974 (App. Div. 2nd Dept. June 19, 2019), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s sex-based discrimination and hostile work environment claims under the New York State Human Rights Law, Executive Law §…

Read More Sex Discrimination, Hostile Work Environment Dismissal Affirmed
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In Pelepelin v The City of New York, No. 154246/2018, 2019 WL 2371880 (N.Y. Sup Ct, New York County June 04, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims, under the New York State and City Human Rights Laws, based on his age and national origin (Russian). It held that plaintiff failed to…

Read More Court Dismisses NYPD Plaintiff’s Age, National Origin Discrimination Claims
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In Preston v. Memorial Sloan Kettering Cancer Ctr., 2019 NY Slip Op 31493(U), Index No. 160325/2018 (NY Sup. Ct. NY Cty. May 29, 2019), the court dismissed plaintiffs’ race/color discrimination claims, asserted under the New York State and City Human Rights Laws, as time-barred, finding that the “continuing violations doctrine” did not apply. Plaintiffs alleged discrimination…

Read More Race Discrimination Claims Dismissed as Time-Barred; Continuing Violation Doctrine Held Inapplicable
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In Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…

Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”
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A recent decision, Petrisko v Animal Medical Center, No. 151573/2018, 2019 NY Slip Op 30679(U), 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), highlights important features of New York defamation law – such as when alleged defamatory statements are non-actionable opinion, and the specificity with which such claims must be alleged.…

Read More Defamation Claim Dismissed; Alleged Defamatory Statements Were Non-Actionable Opinion, and Allegations Were Insufficiently Specific as to Time
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