CPLR 3211(a)(7)

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In Sanchez v. Hersha Hospitality Trust, No. 155483/2022, 2024 WL 129992 (N.Y. Sup Ct, New York County Jan. 11, 2024), the court, inter alia, held that plaintiff sufficiently asserted a claim of discrimination based on criminal conviction history under the New York City Human Rights Law. From the decision: Plaintiff has sufficiently pled a prima…

Read More NYCHRL Discrimination Claim, Based on Conviction Record, Survives Dismissal
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In Santiago et al v. The City of New York, No. 159551/2021, 2024 WL 144971 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied the defendants’ motion to dismiss (some) plaintiffs’ claims of sex-based hostile work environment asserted under the New York State and City Human Rights Laws. In sum,…

Read More Female Plaintiffs’ Sex-Based Hostile Work Environment Claims, Arising From Sexual Harassment by Inmates, Survive Dismissal
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In Seemungal v New York State Department of Financial Services, No. 1087, 151495/21, 2022-02913, 2023 N.Y. Slip Op. 06341, 2023 WL 8587657 (N.Y.A.D. 1 Dept., Dec. 12, 2023), the court – citing the “liberal construction” which must be applied to pleadings when ruling on a motion to dismiss – reversed a lower court’s dismissal of…

Read More Sex Discrimination, Retaliation Claims Resurrected From Dismissal in Suit Against NYS Dept. of Financial Services
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: To state a…

Read More NYPD Officer’s Retaliation Claims, Arising From Command Disciplines Etc. Following Complaint of Discrimination, Survive Dismissal
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. After…

Read More NYPD Officer’s Sex-Based Hostile Work Environment Claims Survive Dismissal Under the NYS and NYC Human Rights Laws
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In Ashandra v. 1199 Seiu Nat. Ben. Fund, No. 1599612022, 2023 WL 6975971 (N.Y. Sup Ct, New York County Oct. 18, 2023), the court granted the defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s failure-to-accommodate-religious-practices claim asserted under the New York State and City Human Rights Laws. In sum, plaintiff alleged that defendant violated the law…

Read More Court Dismisses Covid Vaccine Failure-to-Accommodate-Religion Claim Asserted Under the New York State and City Human Rights Laws
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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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In Manns v. New York State Dept. of Financial Services, No. 160479/2022, 2023 WL 6812166 (N.Y. Sup Ct, New York County Oct. 16, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment asserted under the New York State Human Rights Law. Plaintiff alleged, among other things, that she…

Read More Alleged “Racist and Sexist Verbal Attacks” Support Hostile Work Environment Claim Under Amended NYS Human Rights Law
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Safyan v. The Dept. of Educ. of the City of New York, No. 500312/2023, 2023 WL 5957086 (N.Y. Sup Ct, Kings County Sep. 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race-based discrimination, retaliation, and hostile work environment asserted under the New York State and City Human Rights…

Read More Race Discrimination, Retaliation, Hostile Work Environment, and Failure to Accommodate Disability Claims Against NYC DOE Survive Dismissal
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