Wixon v. Broadway Regency Restaurant

NEW YORK COUNTY
Employment

New York Law Journal

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Justice Debra James

Defendants employers moved to dismiss plaintiffs' workers complaint which alleged sexual harassment and discrimination. Defendants argued plaintiffs Sidney and Martire failed to show any alleged acts occurred within the three year statute of limitations period. The court disagreed noting Sidney's complaint alleging she worked until December 2008, and the allegedly discriminatory acts occurred during November 2008, combined with affidavits stating she received cash for shifts worked after September 2008, were sufficient to survive defendants' limitations challenge. It also rejected defendants' assertion that Rivera's, Tatic's and Martire's claims failed to state a cause of action, denying dismissal. The court noted the common allegations in the complaint set forth that plaintiffs collectively suffered discriminatory acts over a period of time and left their employment because of the alleged conduct. It ruled such allegations were sufficient to set forth a viable cause of action for sexual discrimination. The court also denied defendants' petition to dismiss the suit against Ascot Properties, and Vikram and Vivek Chatwal as plaintiffs argued these defendants may be held liable under the "single employer" doctrine, finding for pleading purposes, plaintiffs' argument had merit.

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