Plaintiff Defeats Summary Judgment

In Bateman v. Montefiore Med. Ctr., 2020 NY Slip Op 02969 (App. Div. 1st Dept. May 21, 2020), the court unanimously modified a lower court Order so as to deny defendants’ motion for summary judgment dismissing plaintiff’s claims for employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws.…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Resurrected From Summary Judgment Dismissal Against Montefiore Medical Center

In Gordon v Consolidated Edison, Inc., No. 152614/2017, 2020 WL 192980 (N.Y. Sup Ct, New York County March 16, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Gordon has established a prima facie case…

Read More Medical Marijuana Discrimination Claims Against Con Edison Survive Summary Judgment

In Nelson v. New York City Tr. Auth., 2020 NY Slip Op 00671 (App. Div. 1st Dept. Jan. 30, 2020), the court unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s employment discrimination claims. From the decision: Defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority Bus Company (MTA) failed…

Read More Race/Gender Discrimination Claims Survive Summary Judgment Against the NYC Transit Authority

From JASMINE BROWN, Plaintiff, v. MONTEFIORE MEDICAL CENTER, et al., Defendants., 2019 WL 6878214 (S.D.N.Y., 2019): In my Opinion & Order, I observed that Defendant offered two non-discriminatory reasons “for Plaintiff’s termination: (1) Plaintiff’s act of working shifts during the leave she had been granted on December 5 and 6, 2013; and (2) Plaintiff’s failure…

Read More Court Denies Motion for Reconsideration of Summary Judgment Denial in Race Discrimination Case

In Schaper v. The Bronx Lebanon Hospital Center and Carol Wilson, 17-cv-01246, 2019 WL 4748303 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Hostile Work Environment Claim Survives Summary Judgment Against Bronx Lebanon Hospital Center

In Pantor v City of New York, No. 159257/2015, 2019 WL 4390454, 2019 N.Y. Slip Op. 32706(U) (N.Y. Sup Ct, New York County Sep. 13, 2019), the court, inter alia, denied the City’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment case. The court summarized plaintiff’s contentions as follows: [P]laintiff alleges a course…

Read More Sexual Harassment Claim Survives Summary Judgment; “Presidential Affair” Comment, Among Others, Alleged

In Otero v Dist. Council 37, No. 161421/2013, 2019 WL 3451794 (N.Y. Sup Ct, New York County July 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discrimination claim under the New York City Human Rights Law. After summarizing the relevant legal framework, case law, and standards for evaluating NYCHRL…

Read More Race, National Origin Discrimination Under the City Law Survive Summary Judgment

In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers

Here is the recent decision in Barboza v. D’Agata, SDNY 13-cv-4067 (9/10/15) in which Judge Seibel ruled on the parties’ summary judgment motions. In this case, plaintiff alleged in his federal lawsuit that his arrest under (now unconstitutional) NY Penal Law § 240.30(1) for writing “fuck your shitty town bitches” on a speeding ticket payment form violated his constitutional…

Read More “Fuck Your Shitty Town Bitches” False Arrest/First Amendment Case Proceeds to Trial

In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination