Opinion
04-23-2024
Pedro SERRANO et al., Plaintiffs–Appellants, v. The CITY OF NEW YORK et al., Defendants–Respondents.
Law Office of John A. Scola, PLLC, New York (John A. Scola of counsel), for appellants. Sylvia O. Hinds-Radix, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.
Law Office of John A. Scola, PLLC, New York (John A. Scola of counsel), for appellants.
Sylvia O. Hinds-Radix, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.
Oing, J.P., Moulton, Mendez, Shulman, Pitt–Burke, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danzinger, J.), entered on or about July 25, 2023, which, insofar as appealed from as limited by the briefs, granted defendants’ motion to dismiss the racial discrimination claims under the New York State and City Human Rights Laws and the hostile work environment claim under the New York City Human Rights Law insofar as asserted against defendants The City of New York and Christopher McCormack, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiffs’ employment discrimination claims under the New York State and City Human Rights Laws and hostile work environment claim under the New York City Human Rights Law were improperly dismissed for failure to sufficiently allege discriminatory animus (see Harrington v. City of New York, 157 A.D.3d 582, 584, 70 N.Y.S.3d 177 [1st Dept. 2018]; Reichman v. City of New York, 179 A.D.3d 1115, 1118, 117 N.Y.S.3d 280 [2d Dept. 2020], lv denied 36 N.Y.3d 904, 2021 WL 56556 [2021]). Although the comments of the now-dismissed defendants are not properly considered, and the sole remaining individual defendant is not alleged to have made any even arguably discriminatory statements, plaintiffs raised an inference of animus through their allegations of differential treatment of similarly situated white officers in terms of assignments, evaluations, and placement on performance monitoring. Plaintiffs sufficiently alleged that the white officers were similarly situated. The allegations of differential treatment were also sufficiently specific and factual in nature.