Opinion
00 Civ. 5753 (LAK).
February 1, 2002
ORDER
Plaintiff moves for reconsideration of the Court's order granting the motion of defendant Lee Home for summary judgment dismissing the complaint. He asserts that the Court ignored the totality of the circumstances in characterizing the hostile work environment claim against Mr. Home as involving only a single incident, the office taping, thus disregarding Home's alleged concealment for a time of his responsibility for the incident and his dissembling about it to an Authority superior.
The Court in fact took into account those additional circumstances and any related conduct relied upon by the plaintiff. Lest there be any misunderstanding, however, the Court grants plaintiff's motion for reconsideration. On reconsideration, the Court grants Home's motion for summary judgment dismissing the complaint. This one closely related set of facts that took place over a limited period of time, although inappropriate, is insufficient to demonstrate that Home caused "the workplace [to be] permeated with discriminatory intimidation, ridicule, and insult, that [was] sufficiently severe or pervasive to alter the conditions of [plaintiff's] employment." Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir. 2000) (internal quotation marks omitted). See also Clark County School District v. Breeden, 121 S.Ct. 1508, 1511 (2001).
SO ORDERED.