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DOE v. NEW YORK CITY POLICE DEPT.

118182/09. Appeal No. 12763. Case No. 2019-3747.

190 A.D.3d 411 (2021)

140 N.Y.S.3d 199

2021 NY Slip Op 00009

John Doe, Appellant, v. New York City Police Department et al., Respondents.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Derek Smith Law Group, PLLC, New York ( Ishan Dave of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jane L. Gordon of counsel), for respondents.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

Plaintiff is a homosexual man who graduated from the Police Academy in 2006 and by November 2008 rose to the rank of detective, third grade. Viewing the record in the light most favorable to plaintiff as nonmovant, beginning within a short time after he joined defendant New York City Police Department (NYPD), it became widely known that he was gay, because, among other factors, homophobic colleagues vindictively published that...

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