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CANCEL v. GLOBAL FERTILITY & GENETICS, INC.

Index No. 152435/18. Appeal No. 15248. Case No. 2021-00058.

202 A.D.3d 472 (2022)

158 N.Y.S.3d 820

2022 NY Slip Op 00811

Alexis Cancel, Appellant, v. Global Fertility and Genetics, Inc., et al., Respondents.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Norman A. Olch , New York, for appellant.

Kranjac Tripodi & Partners LLP, New York ( Joseph Tripodi of counsel), for respondents.

Concur— Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.

Plaintiff, an African American female, raises triable issues of fact whether her October 2017 termination (adverse employment action) was in retaliation for her verbal complaints (protected activity) concerning racist comments defendant Annie Liu allegedly uttered at work (see Forrest v Jewish Guild for the Blind, 3 N.Y.3d 295, 312-313 [2004] [State HRL prongs for retaliation]; Harrington v City of New York,

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