Legal Opinion

Gaffney v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 2012PublishedCited by 2 opinions

1Opinion of the Court

Defendants met their burden of demonstrating plaintiffs failure to establish her claims of age discrimination, hostile work environment, constructive discharge, and retaliation (see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305-306 [2004]).

In opposition, plaintiff failed to raise a triable issue of material fact. As to her age discrimination claim, there is no evidence that plaintiff suffered from an adverse employment action (see Forrest, 3 NY3d at 306-307). The assignment of plaintiff to certain nonsupervisory tasks ordinarily performed by teachers constituted “merely an alteration…

2Cases cited6 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Fincher v. Depository Trust and Clearing Corp.Court of Appeals for the Second Circuit · 2010
  3. Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
  4. Block v. GatlingAppellate Division of the Supreme Court of the State of New York · 2011
  5. Silvis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Aslin v. University of RochesterDistrict Court, W.D. New York · 2019
  2. MAIE IBRAHIM v. FIDELITY BROKERAGE SERVICES LLC.District Court, S.D. New York · 2020

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