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HUTTING v. INDEPENDENT LIVING, INC.

2017-09639. Index No. 6011/15.

198 A.D.3d 739 (2021)

156 N.Y.S.3d 233

2021 NY Slip Op 05551

Daniel Hutting, Appellant, v. Independent Living, Inc., Respondent.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Derek Smith Law Group, PLLC, New York, NY ( Zachary Holzberg of counsel), for appellant.

Bleakley Platt & Schmidt, LLP, White Plains, NY ( Joseph DeGiuseppe, Jr. , and John W. McGowan of counsel), for respondent.

Dillon, J.P., Austin, Duffy and Barros, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2015, the plaintiff commenced this action against the defendant, his former employer, to recover, inter alia, damages for employment discrimination on the basis of sexual orientation and retaliation. The plaintiff amended the complaint in September 2016. Thereafter, the defendant moved for summary judgment dismissing the amended complaint. In an...

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