You are here: / / ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S...
,

ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S UNFOUNDED JEALOUSY STATED CAUSES OF ACTION FOR GENDER DISCRIMINATION (FIRST DEPT).

The First Department, reversing Supreme Court, determined defendant-employers’ motion to dismiss the NYC and NYS Human Rights Law (NYCHRL, NYSHRL) gender discrimination causes of action should not have been granted. The employers were husband (Nicolai) and wife (Adams). The complaint alleged plaintiff-employee had nothing but a professional relationship with Nicolai. Adams allegedly sent an email to plaintiff telling her to stay away from her husband and family. Nicolai then allegedly sent an email to plaintiff telling her she was fired. The complaint further alleged defendants filed a complaint with the police falsely stating plaintiff had threatened them. Supreme Court allowed the defamation cause of action to stand, but dismissed the gender discrimination causes of action:

It is well established that adverse employment actions motivated by sexual attraction are gender-based and, therefore, constitute unlawful gender discrimination … . Here, while plaintiff does not allege that she was ever subjected to sexual harassment at [the workplace]. she alleges facts from which it can be inferred that Nicolai was motivated to discharge her by his desire to appease his wife’s unjustified jealousy, and that Adams was motivated to discharge plaintiff by that same jealousy. Thus, each defendant’s motivation to terminate plaintiff’s employment was sexual in nature.

Defendants’ reliance on certain cases in the “spousal jealousy” context is misplaced. … [A]ssuming the truth of the allegations of the amended complaint, as we are required to do upon a motion to dismiss, plaintiff had always behaved appropriately in interacting with Nicolai, and was fired for no reason other than Adams’s belief that Nicolai was sexually attracted to plaintiff. This states a cause of action for gender discrimination under the NYSHRL and the NYCHRL … . Edwards v Nicolai, 2017 NY Slip Op 06235, First Dept 8-22-17

 

EMPLOYMENT LAW (HUMAN RIGHTS LAW, ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S UNFOUNDED JEALOUSY STATED CAUSES OF ACTION FOR GENDER DISCRIMINATION (FIRST DEPT))/HUMAN RIGHTS LAW (GENDER DISCRIMINATION,  ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S UNFOUNDED JEALOUSY STATED CAUSES OF ACTION FOR GENDER DISCRIMINATION (FIRST DEPT))/GENDER DISCRIMINATION ( ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S UNFOUNDED JEALOUSY STATED CAUSES OF ACTION FOR GENDER DISCRIMINATION (FIRST DEPT))/SEX DISCRIMINATION  (HUMAN RIGHTS LAW, ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S UNFOUNDED JEALOUSY STATED CAUSES OF ACTION FOR GENDER DISCRIMINATION (FIRST DEPT)

You might also like
EXPERT EVIDENCE THAT A SAFETY DEVICE WAS NOT NECESSARY IN THIS FALLING OBJECTS CASE DID NOT CREATE A QUESTION OF FACT, PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240 (1) CAUSE OF ACTION (FIRST DEPT).
FRAUDULENT CONVEYANCE, TORTIOUS INTERFERENCE WITH CONTRACT, AND DEBTOR-CREDITOR LAW CAUSES OF ACTION INSUFFICIENTLY PLED, COMPLAINT SHOULD HAVE BEEN DISMISSED (FIRST DEPT).
INTERMEDIARY BANK OWES NO DUTY TO BENEFICIARY OF AN ELECTRONIC FUNDS TRANSFER WHICH WAS BLOCKED BY A GOVERNMENT ORDER.
APPEAL WAIVER INVALID, FLAWED ON-THE-RECORD EXPLANATION OF WAIVED RIGHTS NOT REMEDIED BY SIGNED WRITTEN WAIVER.
DEFENSE COUNSEL TOOK A POSITION ADVERSE TO HER CLIENT’S RE THE CLIENT’S PRO SE MOTION TO WITHDRAW HIS PLEA, MATTER REMITTED FOR FURTHER PROCEEDINGS ON THE MOTION WITH NEW COUNSEL (FIRST DEPT).
SIDEWALK DEFECT WAS NOT TRIVIAL AS A MATTER OF LAW, TRIVIALITY IS NOT A QUESTION OF DIMENSIONS ALONE, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE PROPERLY DENIED (FIRST DEPT).
THE GUARANTEES QUALIFED AS INSTRUMENTS FOR THE PAYMENT OF MONEY ONLY AND SUPPORTED SUMMARY JUDGMENT IN LIEU OF COMPLAINT; ONLY PURELY LEGAL ARGUMENTS RAISED FOR THE FIRST TIME ON APPEAL CAN BE CONSIDERED (FIRST DEPT).
ALTHOUGH PLAINTIFF’S EXPERT IN THIS ELEVATOR ACCIDENT CASE WAS NOT A PROFESSIONAL ENGINEER, HE HAD BEEN QUALIFIED AS AN EXPERT IN 120 CASES; THE JUDGE SHOULD NOT HAVE SUMMARILY DISQUALIFIED HIM (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

TESTIMONY AT THE 50-H HEARING COULD NOT BE THE BASIS FOR THE ASSERTION OF THEORIES... SEX AND DISABILITY EMPLOYMENT DISCRIMINATION COMPLAINT PROPERLY AMENDED UNDER...