CPLR 3211(a)(7)

In Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…

Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”

A recent decision, Petrisko v Animal Medical Center, No. 151573/2018, 2019 NY Slip Op 30679(U), 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), highlights important features of New York defamation law – such as when alleged defamatory statements are non-actionable opinion, and the specificity with which such claims must be alleged.…

Read More Defamation Claim Dismissed; Alleged Defamatory Statements Were Non-Actionable Opinion, and Allegations Were Insufficiently Specific as to Time

In Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…

Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”

In a recent case, Aguilar v. Struhl-Nasjletti, 2018 NY Slip Op 32410(U) (NY Sup. Ct. Bx. Cty Index 0023250/2016 May 18, 2018), the court held, inter alia, that plaintiff guidance counselor sufficiently alleged a retaliation claim under the New York City Human Rights Law. In sum, plaintiff alleged that after filing a lawsuit in 2012 accusing…

Read More Retaliation Claim Sufficiently Alleged Against Principal Under the NYC Human Rights Law

In Spano v. New Team LLC, No. 153586/16, 2018 WL 3646977, 2018 N.Y. Slip Op. 31829(U) (Sup Ct, New York County Aug. 01, 2018), plaintiff alleged that defendants failed to hire and promote her because she was not a first-generation Italian, and that defendants improperly terminated her after she complained of discriminatory conduct. The court, inter…

Read More Citing Preference for “First Generation Italian”, Court Denies Motion to Dismiss Employment Discrimination Claim

In Pozner v. Fox Broadcasting Co., 2018 NY Slip Op 30581(U), 2018 WL 1609513 (N.Y.Sup. Ct. Index 652096/2017 April 2, 2018), the court held that Fox Broadcasting stated a counterclaim for breach of contract, but not for breach of fiduciary duty, against a former executive vice president who was terminated from his employment based on…

Read More Fox Broadcasting Counterclaims Survive in Part Against Executive Terminated Due to Sexual Harassment Allegations

In Hernandez v. Encuentro Restaurant, 2018 WL 343905 (N.Y.Sup. Ct. Index 153385/2017, Jan. 9, 2018) – a sexual harassment, hostile work environment, and employment discrimination case – the court denied defendants’ motion to dismiss on the grounds of failure to state a claim, “forum non conveniens”, and improper venue. Failure to State a Claim Initially,…

Read More Sexual Harassment Case Survives Dismissal on Venue, Forum Non Conveniens Grounds

In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work