Every legal claim has a “statute of limitations”. (For the record, not a “statue of limitations“). Generally, a statute of limitations is a law that bars claims after a specific period, namely, a statute establishing a time limit for suing in a civil case, measured from the date the claim accrued. As explained by the…
Read More The Statute of Limitations in New York Civil LitigationThe New York City Council recently approved an amendment to the New York City Human Rights Law to ensure that employers may not, by agreement, subject a discrimination claim to a shorter statute of limitations than provided by the statute. Specifically, the new law, Int. No. 69-A, amends Section 8-109 of the Administrative Code of…
Read More NYC Council Votes to Amend NYC Human Rights Law to Render Void Any Provision Seeking to Shorten the Statute of LimitationsIn Crawford v. David Ratner, No. 952052/2023, 2023 WL 8810507 (N.Y. Sup Ct, New York County Dec. 20, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s claims – arising from a series of alleged sexual assaults, sexual harassment and retaliatory conduct between 2010 and 2011 by the defendant – under the…
Read More Adult Survivors Act (ASA) Revives NYC Human Rights Law Claims, in Sexual Harassment Lawsuit Arising From 2010-2011 Conduct, Court RulesIn Gabin v Greenwich House, No. 155015/21, 16651, 2022-00210, 2022 N.Y. Slip Op. 06428, 2022 WL 16935706 (N.Y.A.D. 1 Dept., Nov. 15, 2022), the court reversed a lower court decision dismissing plaintiff’s age discrimination claims under the New York State and City Human Rights Laws. The court explained that plaintiff’s claim was timely, in light…
Read More Age Discrimination Claims’ Timeliness Dismissal Reversed; Tolls AppliedA recent decision, Brash v. Richards, 2021 NY Slip Op 03436 (N.Y. App. Div. 2nd Dept. June 2, 2021), held that a series of Executive Orders issued by Governor Cuomo in light of the COVID-19 pandemic constitute a “toll”, rather than a “suspension”, of certain filing deadlines. As a result, it held that the appeal…
Read More 2nd Dept.: Executive Orders Are a “Toll”, Not a “Suspension”In Raji v SG Americas Securities, LLC, No. 12583, 2020 N.Y. Slip Op. 07475, 2020 WL 7250251 (N.Y.A.D. 1 Dept., Dec. 10, 2020) – an employment discrimination (based on sexual orientation) case – the Appellate Division, First Department held that plaintiff’s claims, in part, were not barred on statute of limitations grounds. The court’s decision…
Read More Dismissal of Federal Action in Sexual Orientation Discrimination Case Did Not Render Ensuing State Action Untimelys Not UntimelyIn Gausney-Cruz v. City of New York, No. 151766/2020, 2020 WL 5900906 (N.Y. Sup Ct, New York County Sep. 30, 2020), the court granted defendant’s motion to dismiss plaintiff’s discrimination claims on statute of limitations grounds. Specifically, plaintiff filed their complaint alleging unlawful termination approximately seven years after they were terminated. It was undisputed that…
Read More Discrimination Complaint Dismissed as Time-BarredIn Young v. Edwin Gould Services for Children and Families, 2020 WL 4287164 (EDNY July 27, 2020), the court dismissed plaintiff’s federal age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA) on statute-of-limitations grounds. Plaintiff alleged, inter alia, that plaintiff’s supervisor (his former trainee) disrespected and lied abut plaintiff to others, that…
Read More Untimely EEOC Filing Results in Dismissal of ADEA Age Discrimination ClaimOn March 20, 2020, Governor Cuomo issued Executive Order No. 202.8, titled “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.” This Order affects various New York laws, including the Civil Practice Law and Rules, the Vehicle and Traffic Law, and the Business Corporation Law. It imposes the following changes to various…
Read More NYS Executive Order 202.8 Extends Statutes of Limitation Etc.In Raji v. SG Americas Securities, LLC, No. 154174/2019, 2020 WL 94806 (N.Y. Sup Ct, New York County Jan. 08, 2020), the court dismissed plaintiff’s sexual orientation discrimination claims asserted under the New York State and City Human Rights Laws. Initially, plaintiff sued in federal court. The case was dismissed on October 25, 2018. Plaintiff…
Read More Sexual Orientation Discrimination Claim Dismissed as Untimely, Notwithstanding CPLR 205(a)