FERNANDES v. JADAH CARROLL, LLC

Index No. 158642/19. Appeal No. 12665. Case No. 2020-02599.

189 A.D.3d 577 (2020)

134 N.Y.S.3d 181

2020 NY Slip Op 07669

Elizabeth Fernandes, Respondent, v. Jadah Carroll, LLC, et al., Appellants.

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

Decided December 17, 2020.


Attorney(s) appearing for the Case

Eckert Seamans Cherin & Mellott, LLC, White Plains ( Ezra H. Alter of counsel), for appellants.

The Law Office of Yuriy Moshes, PC, New York ( Jessenia Maldonado of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.


Defendants demonstrated conclusively that they were not subject to the New York City Human Rights Law's prohibition on discrimination in employment based on disability because they employed fewer than four persons (see Administrative Code of City of NY § 8-102 [definition of employer]). Plaintiff's argument that defendants were subject to the law depends on her contention that the individual defendants were employees...

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