Judge: Katherine Polk Failla

In Mohan v. City of New York et al, 17-cv-3820, 2018 WL 3711821 (SDNY Aug. 3, 2018), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. The court began by reciting the well-established “black letter” law applicable to hostile work environment claims: A hostile work environment claim is composed of a series of separate acts…

Read More Hostile Work Environment Claim Dismissed; Secondhand Knowledge of “Black Guy” Comment Insufficient
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In Chakraborty v. Valentina Soto & The Riverside Church, 16-cv-9128, 2017 WL 5157616 (S.D.N.Y. Nov. 6, 2017), the court explained and applied the “election of remedies” doctrines codified in the New York State and City Human Rights Laws. Specifically, it held that that doctrine deprived it of subject matter jurisdiction to hear plaintiff’s NYSHRL and NYCHRL…

Read More Broadly-Construed “Election of Remedies” Doctrine Operates to Deprive Federal Court of Subject-Matter Jurisdiction Over NYS and NYC Human Rights Law Claims
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In Allen v. A.R.E.B.A. Casriel, Inc., 2017 WL 4046127 (S.D.N.Y., 2017), the court held that plaintiff’s failure-to-accommodate-disability claim survived summary judgment.[1]The court dismissed, however, plaintiff’s claims of age and race discrimination. From the decision: Defendants concede that Plaintiff was disabled and that ACI was aware of Plaintiff’s macular degeneration. (Def. 56.1 ¶ 25). Defendants argue they…

Read More Failure to Accommodate Disability (Macular Degeneration) Claim Survives Summary Judgment
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In Kleinman v. Fashion Institute of Technology, No. 16 CIV. 4348 (KPF), 2017 WL 3016940 (S.D.N.Y. July 14, 2017) (J. Failla), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. Initially, the court noted that while the “Second Circuit has not yet decided whether a hostile work environment…

Read More Court Dismisses ADA Hostile Work Environment Claim Against FIT
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