Legal Opinion
Benjamin v. New York City Department of Health
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2008PublishedCited by 5 opinions
1Opinion of the Court
The action is precluded by plaintiff’s prior filing with the New York City Commission on Human Rights (Executive Law *404§ 297 [9]; Administrative Code of City of NY § 8-502 [a]). The Commission conducted an investigation and determined that there was no discrimination based on skin color, stress, gastric disorders or a peptic ulcer, and that the disciplinary action taken against plaintiff was based on substandard job performance. Although plaintiffs Commission filing did not claim, as plaintiff does here, discrimination based on national origin and a shoulder injury, the instant claims are based…
2Cases cited4 opinions
- Aivaliotis v. Continental Broker-Dealer Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Spoon v. American Agriculturalist, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Fifty CPW Tenants Corp. v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2005
- Bhagalia v. StateAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- Wrenn v. VerizonAppellate Division of the Supreme Court of the State of New York · 2013
- Rodriguez v. Dickard Widder IndustriesAppellate Division of the Supreme Court of the State of New York · 2017
- Carrington v. New York City Human Resources AdministrationDistrict Court, S.D. New York · 2020
- Luckie v. Northern Adult Day Health Care Ctr.Appellate Division of the Supreme Court of the State of New York · 2018
- Wrenn v. VerizonAppellate Division of the Supreme Court of the State of New York · 2013