NY Supreme NY

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…

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

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”

From Rapaport v Strategic Financial Solutions LLC, No. 152764/18, 2019 WL 1247132 (N.Y. Sup Ct, New York County Mar. 15, 2019): The motion as to Action 1 is denied. In that action, plaintiff claims that while she was pregnant, defendants unlawfully reclassified her from a full-time employee to a part-time consultant when they acquired her…

Read More Pregnancy Discrimination, Religious-Based Hostile Work Environment Claims Survive Dismissal

In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case

In 554 Euo LLC v. Bldg. Maintenance Employees Union, Local 486, No. 654999/2018, 2019 WL 645975 (N.Y. Sup Ct, New York County Feb. 11, 2019), the court upheld an arbitrator’s decision to impose a less serious sanction (loss on one months’ pay), instead of termination, upon an employee found to have engaged in workplace harassment. The…

Read More Court Upholds Arbitrator’s “Progressive Discipline” Determination in Light of Workplace Harassment

In Clark v. Allen & Overy LLP, 2019 NY Slip Op 30146(U) ,Index No. 453138/2017 (Sup. Ct. NY Cty. Jan. 16, 2019) – an employment discrimination case including allegations of retaliatory discharge and sexual harassment (among many others) – the court dismissed, inter alia, dismissed plaintiff’s “breach of attorney client privilege” claim. Plaintiff claimed that “while working with…

Read More Court: No Cause of Action for “Breach of Attorney Client Privilege”