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HERRINGTON v. METRO-NORTH COMMUTER R.R. CO.

12767, 159328/12.

118 A.D.3d 544 (2014)

988 N.Y.S.2d 581

2014 NY Slip Op 4430

SHERRY HERRINGTON, Appellant, v. METRO-NORTH COMMUTER RAILROAD COMPANY, Respondent.

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

Decided June 17, 2014.

Plaintiff failed to state a claim for discrimination based on sexual orientation under the New York City Human Rights Law (City HRL), because she failed to sufficiently allege that she was treated differently because of her sexual orientation (see Askin v Department of Educ. of the City of N.Y., 110 A.D.3d 621, 622 [1st Dept 2013]). The only direct factual allegation in the first amended complaint of discrimination based on sexual...

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