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COLE v. SEARS, ROEBUCK & CO.

13064, 107396/09

120 A.D.3d 1159 (2014)

994 N.Y.S.2d 62

2014 NY Slip Op 06550

ROBERT A. COLE, Respondent, v. SEARS, ROEBUCK & COMPANY, Appellant.

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

Decided September 30, 2014.

Viewed in the light most favorable to plaintiff (see Branham v Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931 [2007]), the evidence shows that, from the very inception of his employment with defendant as an auto center manager, plaintiff was subjected to a constant bombardment of anti-gay remarks and other communications, which included insulting and offensive remarks about other Sears employees who were thought to be gay; crude anti...

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