Opinion
2003-03338.
Decided April 12, 2004.
In an action, inter alia, to recover damages for alleged employment discrimination, the plaintiff appeals from an order of the Supreme Court, Queens County (Glover, J.), dated February 28, 2003, which granted the motion of the defendants Saint Vincent Catholic Medical Centers and St. John's Queens Hospital pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them for failure to state a cause of action.
Rosen, Leff, Hempstead, N.Y. (David Fish of counsel), for appellant.
Gibbons, Del Deo, Dolan, Griffinger Vecchione, New York, N.Y. (Christine A. Amalfe and Brian D. Bauman of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff sought, inter alia, to recover damages for retaliation under State of New York and City of New York employment discrimination laws ( see Executive Law § 296; New York City Administrative Code § 8-107[7]). Those causes of action were properly dismissed insofar as asserted against the respondents. The plaintiff could not establish an element of a prima facie case of retaliation, namely, an adverse employment action as a result of the retaliation ( see Galabya v. New York City Bd. of Educ., 202 F.3d 636; Richardson v. New York State Dept. of Correctional Service, 180 F.3d 426, 446; Wanamaker v. Columbian Rope Co., 108 F.3d 462, 466; Matter of Pace Univ. v. New York City Comm. on Human Rights, 85 N.Y.2d 125; Ballen-Stier v. Hahn Hessen, 284 A.D.2d 263; Torge v. New York Soc. for the Deaf, 270 A.D.2d 153; Pace v. Ogden Servs. Corp., 257 A.D.2d 101, 104).
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.