CPLR 3025(b)

In McElroy v. Mercer Health & Benefits LLC, No. 153735/2018, 2020 WL 2066336, 2020 N.Y. Slip Op. 31083(U) (N.Y. Sup Ct, New York County Apr. 29, 2020), an employment discrimination case, the court granted plaintiff’s motion to amend the complaint to add an additional plaintiff who has alleged similar employment discrimination causes of action against…

Read More Employment Discrimination Plaintiff May Amend Complaint to Add Additional Plaintiff
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In Boyce v. Weber, No. 160630/2017, 2019 WL 1470219, 2019 N.Y. Slip Op. 30864(U), 6 (N.Y. Sup Ct, New York County Apr. 03, 2019), the court allowed plaintiff – a male model – the opportunity to amend his complaint against photographer Bruce Weber to add a claim (to his existing claims alleging sexual harassment and…

Read More Court Permits Trafficking Victims Protection Act Claim to be Added to Complaint Against Photographer Bruce Weber
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In Harding v Donatella GCT LLC, No. 158886/2017, 2019 WL 1597675, at *1 (N.Y. Sup Ct, New York County Apr. 11, 2019), the court granted plaintiff’s motion under CPLR 3025 (b) to amend her complaint to add a claim under the Fair Chance Act of the New York City Human Rights Law, alleging that Donatella…

Read More Court Permits Amendment to Add “Fair Chance Act” Criminal History Discrimination Claim
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In Rybnik v. MW 303 Corp., 2018 WL 2046571 (N.Y. Sup. Ct. N.Y. Cty., Index No. 158679/16, April 27, 2018), the court held that the plaintiff may amend her sexual harassment complaint. Here is the legal standard, as explained by the court: Leave to amend pleadings pursuant to CPLR §3025(b) should be freely given “absent prejudice…

Read More Sexual Harassment Plaintiff May Amend Her Complaint, Court Rules [Rybnik v. MW 303 Corp.]
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In O’Halloran v. Metropolitan Transp. Auth., 2017 NY Slip Op 06237 (Aug. 22, 2017), the court addressed the following narrow issue on appeal: [W]hether the motion court providently permitted plaintiff to amend her complaint to include belated claims of discrimination on the basis of sexual orientation on the ground that those claims related back to the original pleading,…

Read More Sexual Orientation Discrimination Claims Rendered Timely Under the “Relation Back” Doctrine, CPLR 203(f)
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In Hardwick v. Auriemma, 2015 NY Slip Op 31836(U) (Sup. Ct. NY Cty. Sept. 25, 2015), an employment discrimination case, the court granted plaintiff’s motion to amend her complaint, pursuant to CPLR 3025(b), to add former NBA Commissioner David Stern as a party defendant and to add a claim for constructive discharge. (Here is plaintiff’s…

Read More Plaintiff Permitted to Amend Employment Discrimination/Sexual Harassment Complaint Against the NBA
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