Judge: Shlomo Hagler

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In Karantzoulis v. NYU Langone Medical Center, No. 160154/2016, 2023 WL 2020047 (N.Y. Sup Ct, New York County Feb. 14, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s gender/pregnancy discrimination claim. From the decision: A review of the record reflects that there are triable issues of fact exist regarding plaintiff’s termination and…

Read More Gender/Pregnancy Discrimination Claim Survives Summary Judgment Against NYU; Evidence Revealed Inconsistent Explanations for Termination
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In Gough v. Remedy Partners, LLC, No. 650623/2020, 2022 WL 2612436 (N.Y. Sup Ct, New York County July 07, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The complaint alleges that plaintiff was terminated…

Read More Age Discrimination Sufficiently Alleged; Plaintiff Was Terminated and Replaced by Employee 10 Years Younger
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of retaliation in violation of the New York State and City Human Rights Laws. (I addressed the court’s decision denying defendants’ motion to dismiss…

Read More Retaliation Claim Sufficiently Alleged: Pittman v. Yantiss et al
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of discrimination based on gender and familial/caregiver status in violation of the New York State and City Human Rights Laws. After determining that plaintiff…

Read More Sex/Gender, Pregnancy, Familial/Caregiver Status Discrimination Claims Survive Dismissal: Pittman v. Yantiss et al
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In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
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In Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…

Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular Bank
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In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. From the decision: The NYCCHR found…

Read More Court Upholds NYCCHR Finding of Constructive Discharge
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From Ortiz v. Gazes, LLC, 2017 NY Slip Op 32339(U) (N.Y. Sup. Ct. N.Y. Cty. 150876/2015 Oct. 30, 2017): Defendants have articulated legitimate reasons for terminating plaintiff by pointing to, among other things, plaintiff’s chronic absences, lateness and her inability to handle some of the work necessary. However, defendants acknowledge that they did not address attendance issues with…

Read More Gender/Pregnancy Discrimination Case Survives Summary Judgment
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In Mehulic v. New York Downtown Hosp., 2017 NY Slip Op 06416 (App. Div. 1st Dept. Sept. 12, 2017), the court reversed the trial court’s Order granting defendant summary judgment on plaintiff’s retaliation claim under Labor Law § 741 on the ground of collateral estoppel. From the decision: However, the motion court erred in finding that plaintiff’s…

Read More Whistleblower (NY Labor Law § 741) Retaliation Claim Survives Summary Judgment; OPMC Rulings Did Not Operate as Collateral Estoppel
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In Simons v. Petrarch LLC and Hicham Aboutaam, 2017 NY Slip Op 30457(U) (NY Sup. Ct. NY Cty. March 1, 2017) (J. Hagler), a sexual harassment case, the court applied spoliation sanctions on plaintiff. This case is instructive as to the obligations of litigants generally, and in sexual harassment cases in particular, to preserve evidence.…

Read More Sexual Harassment Plaintiff Hit With Spoliation Sanctions
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