KIRBY v. CARLO'S BAKERY 42ND & 8TH LLC

Index No. 655227/21. Appeal No. 17044. Case No. 2022-01806.

212 A.D.3d 441 (2023)

179 N.Y.S.3d 578

2023 NY Slip Op 00059

Chontay Kirby, Appellant, v. Carlo's Bakery 42nd & 8th LLC et al., Respondents.

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

Decided January 10, 2023.


Attorney(s) appearing for the Case

Bergstein and Ullrich, New Paltz ( Stephen Bergstein of counsel), for appellant.

Litchfield Cavo LLP, New York ( Joseph Dimitrov of counsel), for respondents.

Concur—Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.


Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered March 28, 2022, which granted defendants' motion to dismiss the first through fourth causes of action, unanimously reversed, on the law, without costs, the motion denied, and those causes of action reinstated.

Although plaintiff's first cause of action is labeled as one for "hostile workplace," Supreme Court was not bound by that designation and plaintiff has sufficiently stated a cause of action...

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