Court: NY Supreme NY

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In Volpe v. Paniccioli, 2017 NY Slip Op 51554(U) (N.Y. Sup. Ct. Sup. Cty. Nov. 15, 2017), a case involving allegations of (inter alia) sexual harassment, the court denied the plaintiff’s motion to dismiss defendant’s counterclaims for, e.g., defamation. By her motion, plaintiff “contends that the statements she has made are absolutely privileged as they were made…

Read More Court in Sexual Harassment Case Holds That Providing Information to Press Was Not “Absolutely Privileged”; Denies Motion to Dismiss Defamation Counterclaim
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From Ortiz v. Gazes, LLC, 2017 NY Slip Op 32339(U) (N.Y. Sup. Ct. N.Y. Cty. 150876/2015 Oct. 30, 2017): Defendants have articulated legitimate reasons for terminating plaintiff by pointing to, among other things, plaintiff’s chronic absences, lateness and her inability to handle some of the work necessary. However, defendants acknowledge that they did not address attendance issues with…

Read More Gender/Pregnancy Discrimination Case Survives Summary Judgment
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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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From Lufuluabo v. Nord Anglia Educ. Inc., 2017 NY Slip Op 32175(U) (Sup.  Ct. NY Cty. Index # 159102/16 Oct. 16, 2017): Plaintiff has stated a potentially meritorious claim for discrimination under the NYCHRL. She is a member of a protected class and filed multiple complaints about comments by other employees, lack of diversity, and the negative treatment of…

Read More Plaintiff States Race Discrimination Claims Under the NYS and NYC Human Rights Laws
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In Shirazi v. New York Univ., 2017 NY Slip Op 32013(U) (Sup. Ct. NY Cty. Index No. 161303/2014 Sept. 25, 2017) – in which plaintiff asserts claims of discrimination based on religion, race, national origin, disability, and retaliation – the court discussed and applied the “continuing violation” doctrine under the New York State and City…

Read More Court Explains and Applies the “Continuing Violation” Doctrine Applicable to Hostile Work Environment Claims Under the New York State and City Human Rights Laws
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In Southerland v. Phoenix Constructors JV, 2017 NY Slip Op 32027(U) (Sup. Ct. NY Cty. 156005/15 Sept. 26, 2017) (J. Kotler), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: Here, contrary to defendants’ argument, plaintiff has set forth with sufficient particularity that she was subject to…

Read More Sex-Based Hostile Work Environment Claim Survives Summary Judgment; Court Noted Co-Worker and Supervisor Called Plaintiff a “Bitch”
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From Morse v. Fidessa Corp., 2017 NY Slip Op 27276 (Sup. Ct. NY Cty. Aug. 8, 2017): Here, plaintiff alleges that he was told he was fired because of his perceived marriage to Wakefield and that he would be considered for future employment if he ended his marriage with Wakefield (complaint ¶¶ 42, 43; proposed amended complaint…

Read More NYCHRL Marital Status Discrimination Claim Survives Dismissal
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In Jenkins v. NYC Transit Authority, 2017 WL 3207093  (N.Y. Sup. Ct. Index 153761/13 July 28, 2017), the court denied defendants’ motion for summary judgment on plaintiffs’ sexual harassment/hostile work environment claims under the New York City Human Rights Law (NYCHRL). Plaintiffs, three female bus operators employed by the Manhattan and Bronx Surface Transit Operating…

Read More Bus Operators’ Sexual Harassment/Hostile Work Environment Claims Survive Summary Judgment
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In Mitzner v. royal Bank of Canada et al, 2017 WL 2152582 (N.Y.Sup.), 2017 N.Y. Slip Op. 31071(U) (Trial Order) (Sup. Ct. NY Cty. May 17, 2017) (J. Edwards), the court denied defendants’ motion for summary judgment on plaintiff’s claims of gender and pregnancy discrimination under the New York State and City Human Rights Laws. From…

Read More Gender/Pregnancy Discrimination Claims Against Royal Bank of Canada Survive Summary Judgment
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In a recently-filed New York state court complaint, captioned Bardiovsky v. Byo Co. d/b/a EN Japanese Brasserie (NY Sup. Ct. NY Cty. 155558/2017 June 19, 2017), plaintiff alleges (inter alia) that “celebrity chef” Abe Hiroki “regularly made sexually suggestive comments to Plaintiff”, “told Plaintiff to touch a vegetable that he said looked like a vibrator”,…

Read More Sexual Harassment Lawsuit Against EN Japanese Brasserie and “Celebrity Chef” Abe Hiroki
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