Our Cases

The below is a small sampling of decisions in cases where our firm proudly represented the employee. This string of successes goes back to the early 1990s when the field of employment law was just starting – an accomplishment that few firms in New York City can match. It is difficult to look at any court decision in New York addressing employment law that does not include a reference to a case that we have handled.

Often times, the issue is not simply prevailing before a jury, but even getting to a jury. In most cases, a defendant will make a motion called “summary judgment,” where the defendant asks the Court to dismiss the case before a jury even hears the facts. As displayed below, our firm is uniquely skilled at combating such motions and we have a strong track record of defeating summary judgment.

• Schneidermesser v. NYU Grossman Sch. of Med., 1:21-cv-07179-DEH (S.D.N.Y. Sep. 10, 2024) (denying summary judgment on plaintiff’s claim that she was subjected to a hostile environment based on her age)
• Merlucci v. Maria Regina High School, Index No. 53749/2021 (Sup. Ct. Westchester Cty. Aug. 16, 2024) (denying summary judgment in a pregnancy discrimination case)
• Stein v. X, (JAMS #5425001571, July 22, 2024) (requiring the company to pay the costs of the arbitration where the employee was required to sign an arbitration agreement as a condition of employment)
• Banachiewicz v. Advanced Plumbing, Mechanical & Sprinklers Corp., Index #No. 535160/2023 (Sup. Ct. Kings Cty. July 15,  2024) (denying a defendant’s motion to dismiss a claim against the company owner in a pregnancy discrimination case) 
• Shiber v. Centerview Partners LLC, 2024 U.S. Dist. LEXIS 116832, at *1 (S.D.N.Y. July 2, 2024) (permitting the plaintiff to assert a claim under the New York City Human rights  Law where the plaintiff noted a change in the law, with the court recognizing, “legal landscape has changed.”)
• Nelson v. WW Intl., Inc., 2024 N.Y. Misc. LEXIS 4627 (Sup. Ct. N.Y. Cty. June 28, 2024) (denying summary judgment where the company terminated the plaintiff for seeking a work from home accommodation due to his disability)
• LaPolice v. Fam., LLC, 2024 U.S. Dist. LEXIS 88302 (S.D.N.Y. Apr. 2, 2024) (quashing a subpoena on the plaintiff’s current employer) 
• Ojeda v. Schrager, 2024 U.S. Dist. LEXIS 86021 (S.D.N.Y. May 13, 2024) (denying a motion to dismiss where the plaintiff was terminated shortly after she announced her pregnancy, with no explanation provided for why she was let go)
• Herrera v. N.Y.C. Dept. of Educ., 2024 U.S. Dist. LEXIS 11786 (S.D.N.Y. Jan. 23, 2024) (denying summary judgment where three senior Caucasian administrators were removed from their positions because of the DOE’s desire to achieve equity by filling high-level positions with people of color who were less qualified)
• Friedman v. Bloomberg, L.P., Index. No. 152952/2021 (Sup. Ct. N.Y. Cty. October 10, 2023) (denying summary judgment where the plaintiff was terminated for requesting a reasonable accommodation for her disability of dyslexia, which her employer distorted to be a “mandate” for the employer to follow)
• Sullivan v. Natl. Express LLC, 2023 U.S. Dist. LEXIS 171587 (S.D.N.Y. Sep. 26, 2023) (denying summary judgment in a disability discrimination case under the New York State Human Rights Law where the plaintiff was given strenuous duties that caused even further  damage to her workplace injury)
• Felix v. the New York City Department of Education, 1:21-cv-06109-LGS (S.D.N.Y. July 24, 2023) (denying summary judgment in a disability discrimination case under the ADA where the defendant refused to move the plaintiff out of an unsanitary, dirty office that exacerbated her CPOD)
• Bond v. N.Y.C. Health & Hosps. Corp., 2023 N.Y. App. Div. LEXIS 1944 (1st Dept. April 13, 2023) (reversing summary judgment where the plaintiff, after complaining about sexual harassment, was placed in a dead-end job and was ultimately forced out of the workplace)
• Karantzoulis v. NYU Langone Medical Center, Index. No. 160154/2016 (Sup. Ct. N.Y. Cty. Feb. 14, 2023) (denying summary judgment in a pregnancy discrimination case where the employer denied the plaintiff a raise because she took maternity leave, claiming that her absence caused a “deficit”)
• Merlucci v. Maria Regina High School, Index No. 53749/2021 (Sup. Ct. Westchester Cty. Feb. 9, 2023) (denying an employer’s motion to compel the plaintiff to produce medical records from her OB/GYN because she asserted a claim for emotional distress in her pregnancy discrimination case, dismissing the employer’s effort as “a mere fishing expedition”)
• B v. K, Index. No. 1000334/2019 (Sup. Ct. N.Y. Cty. Oct. 17, 2022) (dismissing defamation claims brought against a female high school student by a male teacher who sexually harassed her, as well as dismissing baseless defamation claims against the parents for reporting the teacher’s inappropriate behavior)
• Herrera v. N.Y.C. Dept. of Education, 21 CV 07555 (S.D.N.Y. June 15, 2022) (allowing plaintiffs to depose former Mayor William de Blasio in a case alleging that New York City made employment determinations based on race)
• Melendez v. N.Y.C. Transit Auth., A.D.3d 542 (1st Dept. Apr. 21, 2022) (denying summary judgment where the plaintiff was sexually harassed by a union official who was technically her subordinate and where there had been no formal complaints against him, though his harassment of women was an “open secret” in the workplace)
• F v. New York Life, Case No. 19-00675 (FINRA Apr. 25, 2022) (verdict for the claimant and awarding substantial emotional distress damages in a national origin and retaliation case held in FINRA arbitration)
• Tarantul v. New York City Health and Hospitals Corporation, Index. No. 159425/2020 (Sup. Ct. N.Y. Cty. June 25, 2021) (creating new law and denying a motion to dismiss a claim that asserting a novel claim that the City Law requires employers to grant a working mother a reasonable accommodation of working remotely, which another employee was permitted to do)
• Karayiorgou v. Trustees of Columbia Univ., 2021 N.Y. Misc. LEXIS 185 (Sup. Ct. N.Y. Cty. Jan. 14, 2021) (denying summary judgment in a marital status discrimination case, where the plaintiff, a professor, was denied a place in a prestigious institution because she divorced her former husband, also a professor)
• Melendez v. New York City Transit Auth., Index. No. 159390/2013 (Sup. Ct. N.Y. Cty. June 25, 2021) (denying summary judgment in a sexual harassment and retaliation case where a supervisor was harassed by a high ranking union office who was technically at a lower level than her)
• Mosier v. State Univ. of N.Y., Index. No. 614390/2020 (Sup. Ct. N.Y. Cty. June 25, 2021) (denying a motion to dismiss an aiding and abetting claim against a professor who sexually harassed a student)
• Burns v. TileBar LLC, 2021 U.S. Dist. LEXIS 94377 (S.D.N.Y. May 18, 2021) (granting a motion to compel discovery where the plaintiff alleged that he and several women were paid less than other male employes)
• Karayiorgou v. Trustees of Columbia Univ., 2021 N.Y. Misc. LEXIS 185 (Sup. Ct. N.Y. Cty. Jan. 14, 2021) (denying summary judgment in a marital status discrimination case, where the plaintiff, a professor, was denied a place in a prestigious institution because she divorced her former husband, also a professor)
• Russo v. Wildlife Conservation Society, Index No. 24920/2017E (Sup. Ct. Bronx Cty. Dec. 24, 2020) (denying summary judgment in a discrimination and retaliation case where the plaintiff was fired just days after complaining about gender discrimination)
• Harvey v. The City of New York, Index No. 154001/2018 (Sup. Ct. N.Y. Cty. May 2020) (multiple decisions compelling the City to produce materials relevant to a pattern of discrimination within the Department of Corrections, both before and after Civil Rights Law §50-a)
• Nelson v. N.Y.C. Transit Auth., 179 A.D.3d 615 (1st Dept. Jan. 30, 2020) (affirming denial of summary judgment on discrimination and retaliation claims and finding that arbitration decisions issuing discipline to the plaintiff did not preclude her claims)
• Crookendale v New York City Health & Hosps. Corp., 175 A.D.3d 1132 (1st Dept. 2019) (reversing summary judgment for the employer in a sexual harassment case under the New York City Human Rights Law)
• Bistreich v. City of New York, Index No. 160194/2016 (Sup. Ct. N.Y. Cty. Aug. 30, 2019) (permitting the claims of an autistic staffer to a New York City Council Member who was bullied and ultimately fired because of his disability to proceed to trial)
• Tafuri v. Service Corporation International, Inc., 17 CV 4957 (S.D.N.Y. Sept. 30, 2019) (denying summary judgment in a case where the plaintiff had the majority of his responsibilities removed after he returned from being treated for cancer)
• O’Rourke v. NFTC, 2019 N.Y. App. Div. LEXIS 7465 (1st Dept. 2019) (refusing to dismiss the Complaint where the plaintiff described a work environment where she was treated less well because of her gender and was ridiculed by discriminatory comments from her supervisor, such as, “You women are such delicate flowers”)
• Kubersky v. Cameron Indus., Inc., 173 A.D.3d 541 (1st Dept. 2019) (reaffirming 50 years of precedent that a plaintiff’s compliance with an administrative notice provision is not a condition precedent to commencing a lawsuit)
• Davis-Garett v. Urban Outfitters, Inc., 921 F.3d 30 (2d Cir. 2019) (a landmark age discrimination case reversing the lower court’s grant of summary judgment where the 54-year-old plaintiff’s significantly younger subordinate told her that she was “too old” for a management position)
• Feldesman v. Interstate Hotels LLC, 2019 U.S. Dist. LEXIS 55948 (S.D.N.Y. 2019) (denying summary judgment in a sexual harassment and retaliation case where the court found that a jury could reject the defendant’s basis for terminating the plaintiff as a pretext)
• Nelson v. N.Y.C. Transit Auth., 2019 N.Y. Misc. LEXIS 1221 (Sup. Ct. N.Y. Cty. 2019) (denying summary judgment in a race, gender and disability discrimination, as well as retaliation, and permitting the claim to proceed to a jury trial)
• Gyecsek v. J.P. Hogan Coring & Sawing, Corp., 2019 U.S. Dist. LEXIS 36074 (S.D.N.Y. 2019) (denying defendant’s motion to dismiss and compel arbitration of plaintiff’s minimum wage and overtime protections based on the existence of a collective bargaining agreement, which opinion was published as a “Decision of Interest” in the New York Law Journal)
• Donovan v. NYC Housing Authority, Index No 27098/2016E (Sup. Ct. Bronx Cty. 2019) (denying the defendant’s effort to obtain all of the plaintiff’s medical records in a discrimination case, even though the plaintiff’s entire medical condition was not in issue)
• Kelly v. Zurich American Ins. Co., 162981/2015 (N.Y. Cty. Sup. Ct. 2018) (denying summary judgment in an age discrimination case that involved both a hostile work environment and an unlawful termination)
• Dickinson v. City Univ. of N.Y., 2018 U.S. Dist. LEXIS 154781 (S.D.N.Y. 2018) (denying summary judgment on plaintiff’s claim of age discrimination and retaliation)
• Crookendale v. New York City Health & Hosps. Corp., 2018 N.Y. Misc. LEXIS 2586 (N.Y. Sup. Ct. 2018) (denying summary judgment on plaintiff’s hostile work environment sexual harassment claim)
• B v. NYU Hosps. Ctr., 2018 N.Y. Misc. LEXIS 3124 (N.Y. Cty. Sup. Ct. 2018) (denying summary judgment in a claim of perceived disability where the plaintiff would be undergoing prophylactic treatment for cancer)
• Rivera v. United Parcel Serv., Inc., 148 A.D.3d 574 (1st Dept. 2017) (affirming total award of $1.55 million following a jury trial in a sexual harassment & retaliation case)
• Kolja v. R.A. Cohen & Assoc., Inc., 2017 N.Y. Misc. LEXIS 1609 (N.Y. Cty. Sup. Ct. 2017) (permitting plaintiff’s claims of age discrimination and retaliation to proceed to trial)
• Prophete-Camille v. Stericycle, Inc., 2017 U.S. Dist. LEXIS 20095 (E.D.N.Y. 2017) (denying summary judgment in a sexual harassment case)
• Taft v. Agric. Bank of China Ltd., 2016 U.S. Dist. LEXIS 62903 (S.D.N.Y. 2016) (plaintiff established claims as a whistleblower under the Bank Secrecy Act)
• Teran v. JetBlue Airways Corp., 132 A.D.3d 493 (1st Dept. 2015) (appellate decision in favor of an employee who was forced out of her employment after she complained about sexual harassment)
• Anderson v. Edmiston & Co., Inc., 131 A.D.3d 416 (1st Dept. 2015) (appellate decision upholding a plaintiff’s claim of sexual harassment and retaliation)
• Rollins v. Fencers Club, Inc., 128 A.D.3d 401 (1st Dept. 2015) (appellate decision upholding a plaintiff’s allegations of age discrimination and retaliation)
• Cano v. The New York and Presbyterian Hosp., 114257/10 (N.Y. Cty. Sup. Ct. 2014) (denying summary judgment on claims of sexual orientation discrimination and retaliation)
• Quinones v. Joan & Sanford I. Weill Med. Coll. & Graduate Sch. of Med. Sciences of Cornell Univ., 114 A.D.3d 472 (1st Dept. 2014) (procedural decision from an appellate court denying a defendant’s effort to dismiss the plaintiff’s claim after the defendant missed a court deadline)
• Sanchez v. Osler, Hoskin & Harcourt, LLP, 104344/11 (N.Y. Cty. Sup. Ct. 2014) (denying summary judgment on plaintiff’s claims for discrimination based on her Hispanic race and national origin, as well as retaliation)
• Jenkins v. New York City Tr. Auth., 2014 N.Y. Misc. LEXIS 814 (N.Y. Cty. Sup. Ct. 2014) (Feb. 25, 2014) (permitting multiple sexual harassment claims from multiple women complaining about the same supervisor to proceed to trial)
• Magdo v. Fidessa Corp., 42 Misc. 3d 1215(A) (N.Y. Sup. Ct. 2014) (denying summary judgment in a gender discrimination and retaliation case where the plaintiff was forced out of her position in a “constructive” discharge)
• Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir. 2013) (landmark appellate decision in a sexual harassment case affirming the rights of employees under the New York City Human Rights Law)
• Farrell v. Danbury Hospital (D.Conn 2013) ($1.3 million verdict following a jury trial in a retaliation case under Title VII and Connecticut state law) 
• Tang v. Paco Group, Inc., 108842/08 (N.Y. Cty. Sup. Ct. 2013) (judgment for plaintiff in the amount of more than $600,000 following a jury trial in a pregnancy discrimination case)
• Dominick v. Hospitality Valuation Servs., 2013 U.S. Dist. LEXIS 141008 (E.D.N.Y. 2013) (denying summary judgment in plaintiff’s pregnancy and retaliation claims)
• Spielman v. Brant Lake Camp, Inc., 11 CV 3971 (S.D.N.Y. 2013) (allowing plaintiff’s pregnancy discrimination claim to proceed to trial)
• Shapiro v. Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, 107633/05 (N.Y. Sup. Ct. 2013) (denying summary judgment on plaintiff’s claims of religious and age discrimination)
• Loeffler v. P/S/L/ Group America, Ltd., 101572/10 (N.Y. Sup. Ct. 2012) (denying summary judgment in a pregnancy discrimination case)
• Yanni v. MessageLabs, Inc., 116894/08 (N.Y. Cty. Sup. Ct. 2012) (denying summary judgment on plaintiff’s perceived disability claim that he was fired due to a recurrence of cancer)
• Williams v. Regus Mgmt. Group, LLC, 836 F. Supp. 2d 159 (S.DN.Y. 2011) (denying summary judgment on plaintiff’s race discrimination and retaliation claims and setting a precedent under the New York City Human Rights Law)
• Richards v. Gateway Frontline Serv., Inc., 2011 N.Y. Misc. LEXIS 7171 (N.Y. Cty. Sup. Ct. 2011) (denying defendant’s motion to dismiss plaintiff’s hostile work environment and retaliation claims based on the statute of limitations, finding that such claims are timely under the continuing violations doctrine)
• Shaw Creations Inc. v. Galleria Enters., Inc., (N.Y. County Sup. Ct. 2011) (jury verdict in favor of three former employees wrongfully accused of taking information from their former employer)
• Krivonos v. Foot Locker, Inc., 2009 N.Y. Misc. LEXIS 5557 (N.Y. Cty. Sup. Ct. 2009) (denying summary judgment where plaintiff was denied a promotion because she was a mother)
• Miller v. Natl. Life Ins. Co., 2009 U.S. Dist. LEXIS 10626 (D.Conn. 2009) (permitting an age discrimination and retaliation claim to proceed to trial)
• Denardi v. DRA Imaging, P.C., 605 F. Supp. 2d 550 (S.D.N.Y. 2009) (denying summary judgment on plaintiff’s “perceived” disability where she was fired because she was undergoing treatment for cancer)
• Smallen v. New York Univ., 2009 N.Y. Misc. LEXIS 5957 (N.Y. Cty. Sup. Ct. 2009) (refusing to dismiss plaintiff’s claim of perceived disability where she was treated terribly after undergoing treatment for breast cancer)
• McIver v. Cooperative Centrale Raiffeisen Boerenleenbank B. A., 2009 N.Y. Misc. LEXIS 5565 (N.Y. Cty. Sup. Ct. 2009) (denying summary judgment on plaintiff’s claims for age discrimination, gender discrimination and retaliation)
• Nunez v. Mariners Temple Baptist Church, 25 Misc. 3d 1212(A) (N.Y. Cty. Sup. Ct. 2009) (denying summary judgment in a sexual harassment case)
• Okayama v. Kintetsu World Express, 2008 N.Y. Misc. LEXIS 7401 (N.Y. Cty. Sup. Ct. 2008) (upholding plaintiff’s claim of hostile work environment based on sexual harassment)
• Selmanovic v. NYSE Group, Inc., 2007 U.S. Dist. LEXIS 94963 (S.D.N.Y. 2007) (denying summary judgment and a motion to compel arbitration in a sexual harassment case)
• Hayes v. The Interpublic Group of Companies, Inc., 06 CV 4415 (S.D.N.Y. 2008) (denying summary judgment on plaintiff’s claim for age discrimination)
• Jones v. Bloomberg, L.P., 112908/04 (N.Y. Cty. Sup. Ct. 2008) (denying summary judgment in a sexual harassment and retaliation case)
• Sorine v. Medicus Group International, Inc., 102944/04 (N.Y. Cty. Sup. Ct. 2007) (permitting plaintiff’s claims for age discrimination and retaliation to be heard by a jury)
• Insinga v. Coop. Centrale Raiffeisen Boerenleenbank B.A., (S.D.N.Y. 2006) ($2.5 million verdict following a jury trial of claims of age discrimination and retaliation)
• Liguori v. Brown Harris Stevens Residential Mgt. LLC, 13 Misc. 3d 1219(A) (Bronx Cty. Sup. Ct. 2006) (denying summary judgment on plaintiff’s claim for perceived disability discrimination)
• Brooks v. Viacom Intl., 114451/03 (N.Y. Cty. Sup. Ct. 2005) (denying summary judgment on plaintiff’s gender discrimination and retaliation claim)
• Ryan v. City of New York, 2005 N.Y. Misc. LEXIS 1752 (N.Y. Cty. Sup. Ct. 2005) (setting aside a defense verdict and ordering a new trial where the jury stated that they would have found in favor or the plaintiffs but for a dictionary that they improperly relied upon in reaching their verdict)
• Kaspi v. Fairway Operating Corp., 10 Misc. 3d 1052(A) (N.Y. Cty. Sup. Ct. 2005) (denying summary judgment in a religious discrimination and retaliation case)
• Hughes v. UPS, 2004 N.Y.L.J. LEXIS 3330 (N.Y. Cty. Sup. Ct. 2004) (permitting the plaintiffs’ to rely on the entirety of the hostile work environment they endured under the continuing violation)
• O’Brien v. WWOR-TV, Inc., 2004 U.S. Dist. LEXIS 3628 (S.D.N.Y. 2004) (affirming a contract right of the plaintiff)
• Tisi v. Verizon N.Y., 2003 N.Y.L.J. LEXIS 1616 (N.Y. Cty. Sup. Ct. 2003) (denying the company’s motion to dismiss the plaintiff’s sexual harassment claim)
• Ferretti v. The Mount Sinai Hospital, 311TSN-98 (N.Y. Cty. Sup. Ct. 2003) (2002) (denying summary judgment on plaintiff’s claim for sexual orientation discrimination)
• Degen v. N.Y. Stock Exch., M-5405X (N.Y. Cty. Sup. Ct. 2001) (sexual orientation case under the New York City Human Rights Law)
• McIntyre v. Manhattan Ford, Lincoln-Mercury, Inc., 256 A.D.2d 269 (1st Dept. 1998) (affirming a total award of more than $6 million, which was the largest award in a sexual harassment case at that time)
• Wishner v. Continental Airlines, 1997 U.S. Dist. LEXIS 10867 (S.D.N.Y. 1997) (permitting claims of race discrimination and sexual harassment to proceed, as well as retaliation for refusing a supervisor’s advances)
• Bracker v. Cohen, 204 A.D.2d 115 (1st Dept. 1994) (a landmark decision upholding the constitutionality of the New York City Human Rights Law, which provides the greatest protections to employees under the law)
• Thoreson v. Penthouse Intl., 80 N.Y.2d 490 (N.Y. Court of Appeals 1992) (affirming a finding of sexual harassment in one of the first cases brought under the New York State Human Right Law)