Summary Judgment

In Lefort v. Kingsbrook Jewish Med. Ctr., the Supreme Court, New York County dismissed Lefort’s discrimination claims under the New York City Human Rights Law on summary judgment. Some highlights from the opinion include a nice summary of the standards for summary judgement of a discrimination claim: Turning next to the merits of the case,…

Read More Summary Judgment for Kingsbrook Jewish Medical Center in Pregnancy Discrimination Case

In Watson v Emblem Health Servs., the Appellate Division First Department overturned the lower court’s decision to grant summary judgment to the employer on their disability discrimination claim under the New York City Human Rights Law. In that case, the court held: “giving plaintiff the benefit of all favorable inferences which may reasonably be drawn,…

Read More New York Appellate Division Overturned Grant of Summary Judgment to Emblem Health Services on Disability Discrimination Claims Brought Under New York City Human Rights Law

In Hamburg v New York Univ. Sch. of Medicine, the New York Appellate Division First Department upheld summary judgment for employer, holding that older employee had failed to demonstrate their was a triable issue of fact as to whether the employer’s stated reason for termination was a pretext for age discrimination. The employer put forward…

Read More New York Appellate Division Upholds Summary Judgment in Favor of NYU School of Medicine on Age Discrimination Claim Under New York City Human Rights Law

In DeFreitas v Bronx Lebanon Hosp. Ctr., New York Appellate Division First Department affirmed the denial of summary judgment for the employer, holding that the employee demonstrated that issues of fact existed as to whether employer’s stated reason for termination was false or unworthy of credence on claims of age discrimination brought under the New…

Read More New York Appellate Division Affirms Denial of Summary Judgment for Employer Under New York City Human Rights Law Age Discrimination Claims

In a seminal opinion by the New York Appellate Division First Department, the court in Bennett v Health Mgt. Sys., Inc. held that unlike claims under the federal or state anti-discrimination laws, evidence that an employer’s stated reasons for taking adverse action against an employee, if shown to be false, misleading, or incomplete, are sufficient,…

Read More Evidence That Employer’s Reason for Adverse Employment Action is False, Misleading, or Incomplete May Be Sufficient on its Own to Deny Summary Judgment in New York City Human Rights Law Claims, Court Says

The New York State Appellate Division, First Department affirmed summary judgment for the employer in Anonymous v Mount Sinai Hosp. on the employee’s disability discrimination claims brought under the New York City Human Rights Law. The court determined that the employee failed to demonstrate their employer was aware that the employee was disabled, as part…

Read More Doctor’s Letter Must State More Than Unspecified “Symptoms” to Put Employer on Notice of Disability Under New York City Human Rights Claim, Court Says

The New York Court of Appeals, the highest court in the State of New York, held in Jacobsen v New York City Health & Hosps. Corp. that any “impairment” constitutes a disability under City HRL, and the burden is on employer, not employee, to show unavailability of accommodation and to show accommodation would pose an…

Read More Failure to Engage in Interactive Process Forecloses Summary Judgment for Employer Under New York City Human Rights Law Claims, Court Says