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TIRSCHWELL v. TCW GROUP INC.

Index No. 150777/18. Appeal No. 13923[M-1286]. Case No. 2020-03192.

194 A.D.3d 665 (2021)

2021 NY Slip Op 03397

Sara Tirschwell, Appellant-Respondent, v. TCW Group Inc. et al., Respondents-Appellants.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Storch Byrne LLP, New York ( Steven G. Storch of counsel), for appellant-respondent.

Greenberg Traurig, LLP, New York ( Jonathan L. Sulds of counsel), for TCW Group Inc., TCW LLC and David Lippman, respondents-appellants.

Sullivan & Cromwell LLP, New York ( Robert A. Sacks of counsel), for Jess Ravich, respondent-appellant.

Law Offices of Howard Benjamin, New York ( Howard Benjamin of counsel), for the Purple Campaign, Washington DC (Alexandra Coll and Shea Holman of counsel), and The Blush Project Foundation, Washington DC (M. Reese Everson of counsel), amici curiae.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

The motion court properly declined to consider the affidavits of plaintiff's experts in view of the parties' so-ordered agreement to delay expert discovery until after summary judgment.

The motion court properly dismissed the retaliation claim under the New York City Human Rights Law (City HRL) (claim 1) as against defendant Ravich because it is undisputed that he was not involved in the decision to terminate plaintiff...

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