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Judge: Nelson S. Roman

In VIOLENE PERCY, Plaintiff, v. THE STATE OF NEW YORK (HUDSON VALLEY DDSO), LOCAL 412 OF THE CSEA, INC., LOCAL 1000, AFSCME AFL-CIO, and BASIL TOWNSEND, Defendants., 2017 WL 3973987, at *7 (S.D.N.Y., 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 […]

In Brantman v. Fortistar Capital, Inc., No. 15-CV-4774 (NSR), 2017 WL 3172864 (S.D.N.Y. July 22, 2017), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s Title VII retaliation claim. Plaintiff, while reviewing and cataloging boxes of files and documents belonging to defendant’s recently-retired general counsel, “found a DVD in a plastic case […]

In Falu v. Cty. of Orange, No. 16-CV-0448 (NSR), 2017 WL 2889513, at *6 (S.D.N.Y. June 30, 2017), the court held that the plaintiff – a female corrections officers – sufficiently alleged a failure-to-promote gender discrimination claim. The court summarized the legal framework for such a claim: As noted, Falu’s Amended Complaint can be construed […]

InĀ O’Toole v. Cty. of Orange, No. 16 CIV. 2059 (NSR), 2017 WL 2377999 (S.D.N.Y. May 31, 2017), the court denied defendants’ motion to dismiss plaintiff’s Title VII gender discrimination and retaliation claims. As to her gender discrimination claim, the court explained: Fratto first alleges that she was subjected to disparate treatment on the basis of […]

InĀ Capobianco v. Stop & Shop Supermarket Co. LLC, No. 14 CIV. 6112 (NSR), 2017 WL 1157173 (S.D.N.Y. Mar. 24, 2017), a personal injury slip-and-fall action, the court denied defendant’s motion for summary judgment. In sum, plaintiff testified that upon entering the “bottle room” of defendant’s supermarket (i.e., the area where customers tend to their recycling […]