Judge: Lynn R. Kotler

In Park v. Kurtosys Sys., Inc., 2022 NY Slip Op 04129 (N.Y. App. Div. 1st Dept. June 28, 2022), the court unanimously affirmed the lower court’s (Judge Kotler) order granting defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging discrimination and retaliation under the New York State and City Human Rights Laws. From the decision:…

Read More Gender Discrimination Dismissal Affirmed; Court Held That Poor Performance Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination
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In Kim v. Sae-a Trading America Corp., No. 656669/2020, 2022 WL 106846 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s “non-traditional Korean” national origin discrimination claim. Plaintiff alleged, among other things, that defendants made offensive comments disapproving of the fact that Plaintiff was “still…

Read More “Non-Traditional Korean” National Origin Discrimination Claim Dismissed
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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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In Lum v. Consol. Edison, No. 160027/2020, 2021 WL 5331547 (N.Y. Sup Ct, New York County Nov. 16, 2021), the court, inter alia, dismissed plaintiff’s national origin discrimination claim asserted under the New York State and City Human Rights Laws. Plaintiff alleged, among other things, that plaintiff’s co-worker made derogatory comments to him (e.g., “open…

Read More National Origin (Chinese) Discrimination Claim Dismissed Against Con Edison
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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In Piscitelli v. Deloitte Touche Tohmatsu Services, Inc., No. 159272/20, 2021 WL 1883632 (N.Y. Sup Ct, New York County May 07, 2021), the court denied defendants’ pre-answer to dismiss plaintiff’s pregnancy discrimination claim asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s allegations as follows: In July 2018, plaintiff…

Read More Pregnancy Discrimination Claim Against Deloitte Touche Tohmatsu Services Survives Dismissal
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In Karayiorgou v. The Trustees of Columbia University, No. 150788/18, 2021 WL 143472 (N.Y. Sup Ct, New York County Jan. 14, 2021), the court, inter alia, held that plaintiff’s “marital status” discrimination claim under the New York City Human Rights Law survived summary judgment. From the decision: Defendants are not entitled to summary judgment dismissing…

Read More Marital Status Discrimination Claim Survives Against Columbia University
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In Scalercio-Isenberg v Citibank NMTC Corp., No. 100030/19, 2019 WL 2559433 (N.Y. Sup Ct, New York County June 17, 2019), the court, inter alia, dismissed plaintiff’s failure-to-hire discrimination claim. Among other things, plaintiff alleged that she received an “inappropriate sexual text message” from the individual defendant. From the decision: … As for her state and…

Read More Gender, Disability Discrimination Claims Dismissed Against Citibank
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From Rapaport v Strategic Financial Solutions LLC, No. 152764/18, 2019 WL 1247132 (N.Y. Sup Ct, New York County Mar. 15, 2019): The motion as to Action 1 is denied. In that action, plaintiff claims that while she was pregnant, defendants unlawfully reclassified her from a full-time employee to a part-time consultant when they acquired her…

Read More Pregnancy Discrimination, Religious-Based Hostile Work Environment Claims Survive Dismissal
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In Dawson v. William Brock Long, Administrator of the Federal Emergency Management Agency, 2018 WL 4519199 (S.D.N.Y. Sept. 20, 2018), the court adopted a Magistrate Judge’s Report & Recommendation that defendant’s summary judgment motion be granted on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964. After agreeing that…

Read More Magistrate’s Dismissal of Title VII Race Discrimination Claim Against FEMA Adopted
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