Notice of Claim

In Rodriguez v City of New York, No. 13662, 2019-5301, 28675/18, 2021 N.Y. Slip Op. 02477, 2021 WL 1566826 (N.Y.A.D. 1 Dept., Apr. 22, 2021), an employment discrimination case, the First Department unanimously affirmed the dismissal of plaintiffs’ complaint due to their failure to file a Notice of Claim as required by as required by…

Read More Dismissal of Discrimination Claims Against NYC Dept. of Education Affirmed Due to Failure to Comply With Notice of Claim Requirement
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In Root v. Salamanca Central School District, No. 20-00123, 882, 2021 N.Y. Slip Op. 01634, 2021 WL 1049730 (N.Y.A.D. 4 Dept. Mar. 19, 2021), a sexual harassment case, the court upheld a lower court decision denying defendants’ motion to dismiss plaintiff’s claims against defendants (but modified the order to dismiss plaintiff’s amended complaint against individual…

Read More Teacher’s Sexual Harassment Case Continues Against Upstate School District
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In Diaz v. New York City Dept. of Educ., No. 154597/2019, 2020 NY Slip Op 30341(U), 2020 WL 587339 (N.Y. Sup Ct, New York County Feb. 06, 2020), the court, inter alia,  dismissed plaintiffs’ claims of employment discrimination (including hostile work environment sexual harassment). Among other things, the court held that the Education Law’s Notice…

Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against NYC Dept. of Education; Notice of Claim Requirement Not Satisfied
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In Shah v. State of New York, 2019 NY Slip Op 08884 (App. Div. 2nd Dept. Dec. 11, 2019) – a failure-to-hire national origin discrimination case – the court affirmed the lower court’s decision denying the claimant’s motion seeking leave to file a late notice of claim. In sum, the claimant commenced this action, alleging…

Read More Court Affirms Denial of Leave to File Late Claim Against State Facility in Discrimination Case
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In Hogue v. Bd. of Educ. of the City School Dist. of the City of New York, No. 150393/2019, 2019 WL 6467588 (N.Y. Sup Ct, New York County Dec. 02, 2019), the court, inter alia, permitted plaintiff to amend her complaint alleging a hostile work environment. I write here to address one aspect of the…

Read More Notice of Claim Sufficiently Alleged Hostile Work Environment, Court Rules
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In Fields v The Dept. of Educ. of the City of New York, No. 154283/2016, 2019 WL 1580151, at *3, 2019 N.Y. Slip Op. 30955(U) (N.Y. Sup Ct, New York County Apr. 12, 2019), the court dismissed plaintiff’s hostile work environment claim because it was not included in plaintiff’s Notice of Claim, and therefore plaintiff…

Read More Hostile Work Environment, Discrimination Claims Dismissed Against NYC Dept. of Education
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In DeMarzo v. Urban Dove, Inc., 2017 NY Slip Op 32612(U) (NY Sup. Ct. Kings Cty., 500466/13, Nov. 21, 2017), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination and retaliation claims under the NYS and NYC Human Rights Laws on the ground that plaintiff failed to file a Notice of Claim. The governing statute, Education…

Read More State, City Human Rights Law Claims Are Not “Torts” Under Notice of Claim Statute, Court Holds
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In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…

Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
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In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6).[1]The court granted defendant’s…

Read More Retaliation Claim Survives Dismissal; Letter Placing Plaintiff on Probation was an “Adverse Employment Action”
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In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York State and City Human Rights Laws against the Borough of Manhattan Community College, since she did not comply with the notice of…

Read More Court Dismisses State/City Human Rights Law Employment Discrimination Claims Against NYC Community College (BMCC) Due to Failure to File Notice of Claim
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