Kim v. Goldberg, Weprin, Finkel, Goldstein, LLP

OPINION OF THE COURT

Richter, J.

In this appeal, we are asked to decide whether plaintiff’s claims of retaliatory termination under the New York State and New York City Human Rights Laws (Executive Law § 290 et seq.; Administrative Code of City of NY § 8-107 et seq.) are barred by collateral estoppel based on a federal court’s dismissal of plaintiffs claims of retaliation asserted under the Family and Medical Leave Act of 1993 (29 USC § 2601 et seq.) (FMLA). We conclude that collateral estoppel does not apply because the state and city retaliation claims asserted in this action are entirely…