CPLR 3211(a)(7)

by

In Morales v. Triborough Podiatry, P.C., No. 2019-03110, 521586/18, 2020 N.Y. Slip Op. 03408, 2020 WL 3261059 (N.Y.A.D. 2 Dept. June 17, 2020), the Second Department reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s complaint alleging race and sex discrimination under the New York City Human Rights Law. From the decision: The…

Read More Discrimination Complaint Should Have Been Dismissed; Employment Refusal Preceded Communication of Employment Decision
Share This:
by

In Haleigh Breest v. Paul Haggis, No. 161137/17, 9783, 2019 N.Y. Slip Op. 09398, 2019 WL 7196544 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court addressed the following question: what must a plaintiff allege in order to state a cause of action under New York City’s Victims of Gender–Motivated Violence Protection Law (Administrative Code of…

Read More Court Interprets, and Finds Claim Stated Against Paul Haggis Under, the NYC Victims of Gender-Motivated Violence Protection Law
Share This:
by

In Schmitt v. Artforum International Magazine et al, No. 10080, 159496/17, 2019 N.Y. Slip Op. 09352, 2019 WL 7173975 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law, modifying the lower court’s order dismissing that claim as facially insufficient under…

Read More Retaliation Claim Survives Dismissal Against Artforum International Magazine
Share This:
by

In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
Share This:
by

In Taylor v. Health Research, Inc., No. 151848/2019, 2019 WL 5212862, 2019 N.Y. Slip Op. 33051(U) (N.Y. Sup Ct, New York County Oct. 16, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court explained that “in order to make out a claim…

Read More Retaliation Claims Dismissed; Generalized Complaint Was Not “Protected Activity”
Share This:
by

In Sassi v. Mobile Life Support Servs., Inc., 2019 NY Slip Op 07305 (App. Div. 2nd Dept. Oct. 9, 2019), the court affirmed the lower court’s dismissal – see Sassi v. Mobile Life Support Services, Inc., NY Supreme Court, Dutchess County, Index No. 2016-51918, Decision and Order filed 12/15/16 – of plaintiff’s employment discrimination claim,…

Read More Court Affirms Dismissal of Conviction Discrimination Claim Under the NYS Human Rights Law
Share This:
by

In Shakiri v. Subin Associates LLP, No. 650961/2019, 2019 WL 5028690 (N.Y. Sup Ct, New York County Oct. 03, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint, which alleges religious discrimination, national origin discrimination, and sexual harassment under the New York State and City Human Rights Laws. In her complaint, plaintiff…

Read More Sexual Harassment & Religious/National Origin Discrimination Claims Survive Dismissal
Share This:
by

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
Share This:
by

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
Share This: