CPLR 3211(a)(7)

In Hussain v. The City of New York, No. 159834/2022, 2024 WL 4100982 (N.Y. Sup Ct, New York County Sep. 06, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss plaintiff’s hostile work…

Read More Religion-Based Hostile Work Environment Claims, Asserted Under the NYC Human Rights Law, Survive Dismissal
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In Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: The second and fourth causes of action allege that…

Read More Disability-Based Hostile Work Environment Claims Sufficiently Alleged Under the NYS and NYC Human Rights Laws
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In Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. After summarizing the black-letter law, the court applied it to the facts as follows: [P]laintiff…

Read More Anxiety-Diagnosed Plaintiff Sufficiently Alleges Disability Discrimination Under the NYS and NYC Human Rights Laws, Court Holds
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In Delaney v. New York City Health & Hosps., 2024 NY Slip Op 32769(U), Index No. 525072/2021 (N.Y. Sup. Ct. Kings Cty. August 2, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender and race discrimination asserted under the New York State Human Rights Law. Plaintiff’s allegations included the following:…

Read More Race, Sex Discrimination Claims Sufficiently Alleged Against NYC Health & Hospitals
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In Doe v. Doe, No. 155961/2020, 2024 WL 3549750 (N.Y. Sup Ct, New York County July 25, 2024), the court granted plaintiff’s motion to dismiss defendant’s counterclaims alleging the filing of a false police report and complaints to child protective services. The court summarized the facts as follows: It is undisputed that Plaintiff was employed…

Read More Court Dismisses Counterclaims for Defamation, Abuse of Process Arising Out of Alleged False Police Report and Complaints to Child Protective Services
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In 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 Employees
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In 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 Disability
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In 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 Holds
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In 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 Holds
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