Opinion
2015-06-25
Claudia LLANOS, Plaintiff–Appellant, v. CITY OF NEW YORK, et al., Defendants–Respondents.
John J. Napolitano, Oyster Bay, for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
John J. Napolitano, Oyster Bay, for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Order, Supreme Court, New York County (Margaret A. Chan, J.), entered November 25, 2013, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff has not made any factual allegations that she was adversely treated under circumstances giving rise to an inference of discrimination, as required to state a claim for discrimination under the New York State and City Human Rights Laws ( see Askin v. Department of Educ. of the City of N.Y., 110 A.D.3d 621, 973 N.Y.S.2d 629 [1st Dept.2013]; McKenzie v. Meridian Capital Group, LLC, 35 A.D.3d 676, 829 N.Y.S.2d 129 [2d Dept.2006] ). Furthermore, plaintiff's failure to adequately plead discriminatory animus is fatal to her claim of hostile work environment ( see Chin v. New York City Hous. Auth., 106 A.D.3d 443, 445, 965 N.Y.S.2d 42 [1st Dept.2013], lv. denied22 N.Y.3d 861, 2014 WL 591245 [2014] ).
Plaintiff has abandoned her claim of retaliation, by failing to address it in her brief ( see Hardwick v. Auriemma, 116 A.D.3d 465, 468, 983 N.Y.S.2d 509 [1st Dept.2014], lv. denied23 N.Y.3d 908, 2014 WL 2936031 [2014] ). Were we to consider the claim, we would find that it is not viable.