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17-1596 - Amaya v. Ballyshear LLC et al


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17-1596 - Amaya v. Ballyshear LLC et al
March 14, 2018
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MEMORANDUM OF DECISION & ORDER: For the reasons stated above, the Defendants 30 motion to dismiss the Plaintiff's complaint pursuant to Rule 12(b)(6), is granted in part and denied in part. It is granted to the extent that the Plaintiff's first and second causes of actions are dismissed. The Plaintiff is precluded from advancing a wrongful termination, retaliatory discharge or constructive discharge theory pursuant to § 1981 or the NYSHRL against the Defendants. Further, the Plaintiff is also precluded from advancing a claim under the NYCHRL. It is denied to the extent that the Plaintiffs fifth cause of action may proceed and the Plaintiff may advance a hostile work environment theory against all the Defendants pursuant to the NYSHRL (Claim 3); a workplace retaliation theory against all the Defendants pursuant to the NYSHRL (Claim 4); and a hostile work environment and retaliatory workplace theory against all the Defendants pursuant to § 1981 (Claim 6). SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 3/14/2018. (Coleman, Laurie)