Opinion
0121187/2003.
March 12, 2007.
OPINION
This is an action for damages due to claimed sexual harassment and the creation of hostile work environment, pursuant to the New York State Human Rights Law (Executive Law § 296 et seq.) and the New York City Human Rights Law (Administrative Code of City of NY § 8-101 et seq.) Defendants move to disqualify plaintiff's counsel, stay all proceedings during the pendency of the motion (an unnecessary branch because it became moot when the motion was decided), and seal the papers relating to this motion. Plaintiff cross-moves for sanctions against defendants and their counsel.
The issues involved in these motions have already been raised and decided in Alter v Oppeneheimer Co., Inc Sup Ct, NY County, Aug. 1, 2006, Gische, J., Index No. 121188/03 and Pellegrino v Oppenheimer Co., Inc Sup Ct, NY County, Oct. 26, 2006, Acosta, J., Index No. 107834/04. Defendants are collaterally estopped thereby (see Buechel v Bain, 97 NY2d 295, 303-304). Furthermore, the opinions of those Justices on the merits of the issues are well-reasoned and applicable to the motions before this court.
Therefore, the motions and cross-motion have been denied, pursuant to the court's March 8, 2007 decision and order. If not for the cross motion, the court would have awarded plaintiff $100 motion costs on the motion.