STERN v. CITY OF NEW YORK


25 A.D.3d 323 (2006)

805 N.Y.S.2d 833

LEE RALPH STERN, Respondent, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 3, 2006.


Plaintiff's opposition adduced evidence sufficient to raise an issue of fact as to whether the denial of a promotion for him by defendant City was due to a widespread discriminatory custom in violation of his civil rights (42 USC § 1983; see Davis v City of New York, 75 Fed Appx 827, 829 [2d Cir 2003]). We note defendant did not submit...

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