Legal Opinion
Humphries v. City University of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2017No. 2630 654455/13Published
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Rakower, J.), entered November 12, 2014, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.
The motion court correctly determined that the State Human Rights Law retaliation claim (Executive Law § 290 et seq.) is barred by the doctrine of collateral estoppel (see Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2002]). An arbitration award previously found that plaintiff was terminated for just cause due to her insubordination, among other things, and…
2Cases cited5 opinions
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
- Buechel v. BainNew York Court of Appeals · 2001
- Messinger v. Girl Scouts of the U.S.A.Appellate Division of the Supreme Court of the State of New York · 2005
- Bernard v. Proskauer Rose, LLPAppellate Division of the Supreme Court of the State of New York · 2011
- Okocha v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014