NY Human Rights Law Discrimination Claims Dismissed; NY Impact Lacking

In Jarusauskaite v. Almod Diamonds, Ltd., et al., 2020-04756, 2021 WL 4734048 (N.Y.A.D. 1 Dept. Oct. 12, 2021), the court held that plaintiff’s claims under the New York State and City Human Rights Laws because of an insufficient connection to New York.

From the decision:

Supreme Court lacks subject matter jurisdiction over the Human Rights Law claims (see Executive Law § 290[3]; Administrative Code of City of New York § 8–101; Hoffman v. Parade Publs., 15 NY3d 285 [2010] ). Defendants’ alleged conduct occurred while plaintiff was “physically situated outside of New York” (Benham v. eCommission Solutions, LLC, 118 AD3d 605, 606 [1st Dept 2014] ), and did not have “any impact on the terms, conditions or extent of her employment … within the boundaries of New York” (Hardwick v. Auriemma, 116 AD3d 465, 467 [1st Dept 2014], lv denied 23 NY3d 908 [2014]; see Wolf v. Imus, 170 AD3d 563, 564 [1st Dept 2019], lv denied 34 NY3d 907 [2019]; Shah v. Wilco Sys., Inc., 27 AD3d 169, 176 [1st Dept 2005], lv dismissed in part, denied in part 7 NY3d 859 [2006]; see also Vangas v. Montefiore Med. Ctr., 823 F3d 174, 182–183 [2d Cir2016] [impact on third parties is irrelevant] ). “The fact that the alleged discriminatory acts … occurred in New York is insufficient to plead impact in New York” (Pakniat v. Moor, 192 AD3d 596, 597 [1st Dept 2021] ).

The court also held that plaintiff’s intentional infliction of emotional distress claim was barred by that claim’s one-year statute of limitations, as she commenced this action approximately 16 months after the date of the commission of the last wrongful act.

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