CPLR 3211(a)(7)

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In Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…

Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. Holds
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Tropical beach with palm trees and loungers Tropical beach with palm trees and loungers

In Pacheco v. Kukaj, No. 158029/2024, 2025 WL 2256864 (N.Y. Sup Ct, New York County Aug. 05, 2025), the court denied defendant’s motion to dismiss plaintiff’s cause of action asserted under Victims of Violent Crime Protection Act, N.Y.C. Administrative Code § 10-401 et seq. From the decision: Under CPLR § 3211(a)(7), a “party may move…

Read More Plaintiff Sufficiently Alleges Claim Under NYC’s Victims of Violent Crime Protection Act, Court Holds
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In Naulla v. WrkArt Studios, LLC, No. 518241/2024, 2025 WL 1884194 (N.Y. Sup Ct, Kings County July 03, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: For his first and fourth causes of action, Plaintiff pleads…

Read More Caregiver/Gender Discrimination Claims Sufficiently Alleged; Plaintiff Allegedly Forced to Work During Paternity Leave
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In Anderson v. The City of New York, No. 155791/2023, 2025 WL 1756499 (N.Y. Sup Ct, New York County June 25, 2025), the court, inter alia, plaintiff did not state a cause of action for retaliation under the New York City Human Rights Law. From the decision: In his second cause of action, plaintiff brings…

Read More Retaliation Claim Dismissed; Complying With Drug Screening Was Not “Protected Activity” Under The NYC Human Rights Law
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In Simmons v. Baccarat Inc., No. 651516/2023, 2025 WL 1735659 (N.Y. Sup Ct, New York County June 23, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claims of hostile work environment and sexual harassment under the New York State and City Human Rights Laws. From the decision: The Moving Defendants correctly assert…

Read More Hostile Work Environment, Sexual Harassment Claims Dismissed; Evidence Indicated That Plaintiff Participated in “Sexually Themed” Text Messages
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In Winfrey v. The City of New York, No. 160719/2024, 2025 WL 1446806 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of race discrimination under the New York State and City Human Rights Laws. From the decision: To plead a prima facie case…

Read More Race Discrimination Claims Dismissed; Alleged Alcohol Consumption on Duty, Rather Than Race, Was Basis For Termination
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In Samuel v. Institute for Community Living, Inc., No. 150885/2024, 2025 WL 1180332 (N.Y. Sup Ct, New York County Apr. 22, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination, hostile work environment, and retaliation claims. The court summarized the facts as follows: Plaintiff alleges she always performed her work satisfactorily…

Read More Age Discrimination, Hostile Work Environment, Retaliation Claims Survive Dismissal; Allegations Include “Old Bitch”, “Fat Loser”, and “Piece of Crap” Comments
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In Lobosco v. City of New York, No. 152196/2024, 2025 WL 1446815 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. In her complaint, plaintiff “details a pervasive…

Read More Sex Discrimination & Hostile Work Environment Claims Against City of New York Survive Dismissal
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Manhattan skyline at sunset with Empire State Manhattan skyline at sunset with Empire State

In Sean C.I.R. v. Nexstar Media Group Inc., No. 150543/2024, 2025 WL 944582, 2025 N.Y. Slip Op. 30975(U), 7–8 (N.Y. Sup Ct, New York County Mar. 28, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of a race-based hostile work environment under the New York State and City Human Rights Laws.…

Read More Race-Based Hostile Work Environment Claims Dismissed
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Tropical beach with palm trees and loungers Tropical beach with palm trees and loungers

In Huaman v. United Airlines, Inc., No. 160784/2023, 2025 WL 1158984 (N.Y. Sup Ct, New York County Apr. 21, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint asserting employment discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss pursuant to CPLR 3211(a)(7)…

Read More Motion to Dismiss NYSHRL & NYCHRL Discrimination Claims Denied; “Impact” Test Satisfied
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