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KOURI v. EATALY NY LLC

Index No. 158476/14. Appeal No. 14538. Case No. 2021-00047.

199 A.D.3d 416 (2021)

157 N.Y.S.3d 413

2021 NY Slip Op 06044

Kip Kouri, Respondent, v. Eataly NY LLC, Doing Business as Eataly NYC, et al., Appellants.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Joseph A.H. McGovern of counsel), for Eataly NY?LLC, Eataly USA LLC, Eataly Wine LLC, LSEBG LLC and 200 Fifth Owner LLC, appellants.

Shafer Partners, LLP, New York ( Mika M. Mooney , of counsel), for Alliedbarton Security Services LLC, Yohani Mena, Jordono Moran and Michael De La Santos, appellants.

Stefano A. Filippazzo, P.C., Brooklyn ( Louis A. Badolato , of counsel), for respondent.

Concur—Gische, J.P., Shulman, Pitt, Higgitt, JJ.

Plaintiff asserts claims for discrimination in public accommodation based on sexual orientation (see Executive Law §§ 292[27]; 296[2][a]; Administrative Code of City of NY § 8-107[4][a][1][a]). Defendants proffered a legitimate nondiscriminatory reason for removing plaintiff from Eataly (the dining facility owned and operated by Eataly NY LLC and its affiliates) (collectively Eataly), namely, that he was belligerent and they perceived him to be threatening...

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