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ROSENTHAL v. ROOSEVELT IS. OPERATING CORP.

Index No. 154096/21. Appeal No. 1105. Case No. 2022-03686.

221 A.D.3d 551 (2023)

200 N.Y.S.3d 341

2023 NY Slip Op 06103

Susan Rosenthal, Appellant, v. Roosevelt Island Operating Corporation et al., Respondents.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

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

Busra Cundioglu, PLLC, New York ( Busra Cundioglu of counsel), and Melick & Porter LLP, New York ( Holly G. Rogers of the bar of the State of Connecticut, admitted pro hac vice, of counsel), for Roosevelt Island Operating Corporation, respondent.

Letitia James , Attorney General, New York ( Stephen J. Yanni of counsel), for State of New York, Joseph Rabito, Kumiki Gibson, Simonida Subotic, Ruthanne Visnauskas, Robert F. Mujica, Conway Ekpo, Jeffrey Escobar, David E. Kapell, David Kraut, Howard Polivy and Michael Shinozaki, respondents.

Concur—Manzanet-Daniels, J.P., Friedman, González, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about July 27, 2022, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss plaintiff's claims alleging unlawful discrimination, unanimously affirmed, without costs.

Plaintiff is collaterally estopped from asserting claims of discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (State HRL), and the New...

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