NY Education Law 3813 Archives

October 23, 2024 by mjpospis

Discrimination Claims Dismissed Against NYC Dept. of Education Due to Failure to File a Notice of Claim

In Cutaneo v. New York City Dept. of Educ., No. 509064/2024, 2024 WL 4373365, 2024 N.Y. Slip Op. 33478(U) (N.Y. Sup Ct, Kings County Oct. 01, 2024), the court dismissed plaintiff’s employment discrimination claims, due to the failure to file a Notice of Claim. The court explained: In lieu of an answer, defendants served the…

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February 11, 2020 by mjpospis

Hostile Work Environment / Sexual Harassment Claim Dismissed Against NYC Dept. of Education; Notice of Claim Requirement Not Satisfied

In Diaz v. New York City Dept. of Educ., No. 154597/2019, 2020 NY Slip Op 30341(U), 2020 WL 587339 (N.Y. Sup Ct, New York County Feb. 06, 2020), the court, inter alia, dismissed plaintiffs’ claims of employment discrimination (including hostile work environment sexual harassment). Among other things, the court held that the Education Law’s Notice…

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November 6, 2019 by mjpospis

Discrimination & Constructive Discharge Claims Against School District Dismissed on Statute of Limitations Grounds

In Dipietrantonio v Deer Park Union Free School District, No. 610828/17, 64 Misc. 3d 1239(A), 2019 N.Y. Slip Op. 51459(U), 2019 WL 4384169 (Sup Ct, Sep. 09, 2019), the court dismissed plaintiff’s claims – on timeliness and procedural grounds, without assessing the merits – of sex and age discrimination under the New York State Human…

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April 18, 2019 by mjpospis

Hostile Work Environment, Discrimination Claims Dismissed Against NYC Dept. of Education

In Fields v The Dept. of Educ. of the City of New York, No. 154283/2016, 2019 WL 1580151, at *3, 2019 N.Y. Slip Op. 30955(U) (N.Y. Sup Ct, New York County Apr. 12, 2019), the court dismissed plaintiff’s hostile work environment claim because it was not included in plaintiff’s Notice of Claim, and therefore plaintiff…

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