Legal Opinion · Dissent
O'Halloran v. Metropolitan Transportation Authority
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 2017No. 160953/13 3299Published
1DissentKahn, J.
I believe that plaintiff’s concededly untimely claims of sexual orientation discrimination under the New York State and City Human Rights Laws (State and City HRLs) are not saved by the CPLR 203 (f) relation-back exception. I further believe that plaintiff’s new claims, as pleaded in the proposed amended complaint, fail to state causes of action. Accordingly, I respectfully dissent.
The facts as alleged in the complaint are as follows. Plaintiff has been employed by defendants Metropolitan Transportation Authority, New York City Transit Authority (NYCTA) and MTA Bus Company since 1987.…
2Cases cited26 opinions
- Loving v. VirginiaSupreme Court of the United States · 1967
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Williams v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
- Buran v. CoupalNew York Court of Appeals · 1995
- Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of EducationCourt of Appeals for the Seventh Circuit · 2017
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