Stern v. City of New York

Full title: LEE RALPH STERN, Respondent, v. CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 3, 2006

25 A.D.3d 323 (N.Y. App. Div. 2006)

2006 N.Y. Slip Op. 15

805 N.Y.S.2d 833

Opinion

7452.

January 3, 2006.

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered April 28, 2004, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Michael A. Cardozo, Corporation Counsel, New York (Susan Choi-Hausman of counsel), for appellant.

Seligson Rothman Rothman, Esqs., New York (Martin S. Rothman of counsel), for respondent.

Before: Saxe, J.P., Marlow, Williams, Catterson and Malone, JJ., concur.

Plaintiff's opposition adduced evidence sufficient to raise an issue of fact as to whether the denial of a promotion for him by defendant City was due to a widespread discriminatory custom in violation of his civil rights ( 42 USC § 1983; see Davis v. City of New York, 75 Fed Appx 827, 829 [2d Cir 2003]). We note defendant did not submit a reply.