Opinion
15373 Index No. 154663/20 Case No. 2021–01117
02-24-2022
Janelle CASTILLO, Plaintiff–Respondent, v. VICTORIA SECRET STORES, LLC, Defendant–Appellant.
Porzio, Bromberg & Newman, P.C., New York (Gary M. Fellner of counsel), for appellant. Virginia & Ambinder, LLP, New York (LaDonna M. Lusher of counsel), for respondent.
Porzio, Bromberg & Newman, P.C., New York (Gary M. Fellner of counsel), for appellant.
Virginia & Ambinder, LLP, New York (LaDonna M. Lusher of counsel), for respondent.
Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.
Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about January 29, 2021, which denied defendant's motion for an order compelling plaintiff to respond to its CPLR 3017(c) demand for a statement of damages and for related relief, unanimously affirmed, without costs.
Plaintiff commenced this action against defendant, her former employer, alleging that defendant violated the New York State Human Rights Law and New York City Human Rights Law when it discriminated and retaliated against her based on her actual or perceived disability, stemming from a workplace injury, and her requests for reasonable accommodations. Plaintiff alleged, among other things, that "[d]efendant's unlawful actions ... resulted in significant physical and emotional distress for [her], including increased headaches, migraines, dizziness, weakness, fatigue, nausea, distress, anxiety, stress, and embarrassment." The parties dispute whether CPLR 3017(c), which applies to "[p]ersonal injury or wrongful death actions," i.e. "action[s] to recover damages for personal injuries or wrongful death," applies to this action. Supreme Court correctly determined that it does not (see Margerum v. City of Buffalo, 24 N.Y.3d 721, 730, 5 N.Y.S.3d 336, 28 N.E.3d 515 [2015] ).
We have considered defendant's remaining arguments and find them unavailing.