In Romero v. City of New York, 2018 NY Slip Op 28108, 2018 WL 1746395 (N.Y. Sup. Ct. Bronx Cty. Index No. 23064/2017E, April 3, 2018), a race discrimination case asserted under the New York City Human Rights Law, the court held that the transfer of venue from Bronx County to Kings County pursuant to CPLR 510(1) was warranted.
From the decision:
Plaintiff’s complaint alleges race discrimination, retaliation, and aiding and abetting unlawful employment practices in violation of New York City Administrative Code § 8–502 et seq. (“City Human Rights Law”). However, the statute of limitations for a cause of action under City Human Rights Law is three years after the alleged unlawful discriminatory practice or act (New York City Admin. Code § 8–502[d] ). Plaintiff did not commence his federal action until July 27, 2016. Accordingly, as Plaintiff conceded in proceedings before the District Court Judge (Conf. Transcript at pp. 10–11), and as subsequently decided by the District Court, Plaintiff cannot recover for alleged bad acts that occurred prior to July 27, 2013, even though those acts may be relevant as to demonstrate Defendants’ intent. Therefore, the only actions that may be the source of Plaintiff’s current damages are those that occurred after July 27, 2013. This Court arrives at this conclusion even without specifically deciding whether Plaintiff’s pre–July 2013 claims are barred by the doctrine of collateral estoppel. Upon review of the complaint, the only conduct that is not time-barred—specifically the incident in November 2013, and his firing in May 2014—occurred during Plaintiff’s assignment with FDNY headquarters in Brooklyn. Plaintiff’s only viable cause of action thus “arose” out of Brooklyn, and not the Bronx.