The Appellate Division, Second Department affirms denial of a CPLR 3211 motion to dismiss gender- and national-origin discrimination, retaliation, and aiding-and-abetting claims against French Connection’s holding companies and individual supervisors, and allows jurisdictional discovery to proceed on the English parent holding company.
The Appellate Division, Second Department reversed a denial of a CPLR 3211 motion to dismiss, holding that a former hospital concierge’s NYSHRL disability discrimination and retaliation claims failed because the complaint contained only conclusory allegations about his disability and did not plead facts showing he could perform in-person patient-contact work with a reasonable accommodation.
First Department mostly denies dismissal of disability discrimination claims against state Assembly member as employer, but strikes aiding-and-abetting counts where he was the sole alleged discriminator.
The First Department reversed dismissal of employment discrimination claims, holding that the State and City HRL require liberal construction and a corporate parent may be liable as an ’employer’ under the integrated employer test.
The Second Department affirmed denial of disability retirement benefits for a corrections officer, finding substantial evidence supported the Medical Board’s determination that the disability was caused by degenerative conditions rather than work-related injuries.
Appellate Division reverses, declaring teacher acquired tenure by estoppel when Department of Education failed to timely discontinue employment before expiration of extended probationary period.
Appellate Division affirms dismissal of employment discrimination claims, finding both defendants were improper parties under Russell v. NYU standard for individual liability.
Appellate Division affirms denial of dismissal and summary judgment in employment discrimination case, finding triable issues on constructive discharge and joint employer status of correctional facility.