La Marca-Pagano v. Dr. Steven Phillips, P.C., 129 A.D.3d 918 (N.Y. App. Div. 2015). · Go Syfert
La Marca-Pagano v. Dr. Steven Phillips, P.C., 129 A.D.3d 918 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
45 citation events (45 in the last 25 years) across 7 distinct courts.
Strongest positive: Sekul v. New York State Div. of Human Rights (nyappdiv, 2026-05-06)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
examined Cited as authority (rule) Sekul v. New York State Div. of Human Rights (3×)
N.Y. App. Div. · 2026 · confidence medium
"A hostile work environment exists where the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" ( La Marca-Pagano v Dr. Steven Phillips, P.C. , 129 AD3d 918, 919 [internal quotation marks omitted]; see Golston-Green v City of New York , 184 AD3d 24, 41).
discussed Cited as authority (rule) Kittle v. Mavis Discount Tire, Inc.
E.D.N.Y · 2025 · confidence medium
See Mitchell, 745 F. Supp. 3d at 106 (holding that the 2019 amendments have rendered the NYRHSL more permissive); La Marca-Pagano v. Dr. Steven Phillips, P.C., 12 N.Y.S.3d 192, 196 (2d Dep’t 2015) (analyzing termination as an adverse employment action under the NYSHRL).
cited Cited as authority (rule) Thompson v. City of New York
N.Y. Sup. Kings · 2024 · confidence medium
La Marca-Pagano v Dr. Steven Phillips, P.C. , 129 AD3d 918, 919 (2d Dept 2015), citing Forrest 3 NY3d at 310; see Oluwo v Sutton , 206 AD3d 750, 753 (2d Dept 2022).
cited Cited as authority (rule) Thompson v. City of New York
N.Y. Sup. Kings · 2024 · confidence medium
La Marca-Pagano v Dr. Steven Phillips, P.C. , 129 AD3d 918, 919 (2d Dept 2015), citing Forrest 3 NY3d at 310; see Oluwo v Sutton , 206 AD3d 750, 753 (2d Dept 2022).
discussed Cited as authority (rule) Dixon v. City of New York
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Under either the NYSHRL or the NYCHRL, the plaintiff must demonstrate that the abusive conduct was motivated by animus toward a protected class (see La Marca-Pagano v Dr. Steven Phillips, P.C., 129 AD3d 918, 919-920 [2nd Dept 2015]; see also Cadet-Legros v New York Univ.
cited Cited as authority (rule) Clarke v. Metropolitan Transportation Authority
N.Y. App. Div. · 2017 · signal: cf. · confidence medium
Dist., 144 *694 AD3d at 868; cf. La Marca-Pagano v Dr. Steven Phillips, P.C., 129 AD3d 918, 922 [2015]).
cited Cited as authority (rule) Matter of Delkap Mgt., Inc. v. New York State Div. of Human Rights
N.Y. App. Div. · 2016 · confidence medium
La Marca-Pagano v Dr. Steven Phillips, P.C., 129 AD3d 918, 921-922 [2015]; Matter of Murphy v Kirkland, 88 AD3d 795, 796 [2011]; Beharry v Guzman, 33 AD3d 742, 743 [2006]).
cited Cited as authority (rule) Matter of New York State Div. of Human Rights v. Besdad, Inc.
N.Y. App. Div. · 2016 · confidence medium
Assoc. v State Div. of Human Rights, 45 NY2d at 180 ; La Marca-Pagano v Dr. Steven Phillips, P.C., 129 AD3d 918, 920 [2015]).
discussed Cited as authority (rule) Riccelli Enterprises, Inc. v. State of New York Workers' Compensation Board
N.Y. App. Div. · 2016 · confidence medium
It is well settled that, in order to establish civil contempt under Judiciary Law § 753, the party seeking the order must show by clear and convincing evidence that there was a lawful order of the court with a clear and unequivocal mandate; that the order had been disobeyed; that the party to be held in contempt had knowledge of the court’s order; and that the party seeking the order was prejudiced (see El-Dehdan v El-Dehdan, 26 NY3d 19, 29 [2015]). “ ‘An application to punish a party for contempt is addressed to the sound discretion of the court’ ” (Fernandez v Fernandez, 278 AD2d …
discussed Cited as authority (rule) Riccelli Enterprises, Inc. v. State of New York Workers' Compensation Board
N.Y. App. Div. · 2016 · confidence medium
It is well settled that, in order to establish civil contempt under Judiciary Law § 753, the party seeking the order must show by clear and convincing evidence that there was a lawful order of the court with a clear and unequivocal mandate; that the order had been disobeyed; that the party to be held in contempt had knowledge of the court’s order; and that the party seeking the order was prejudiced (see El-Dehdan v El-Dehdan, 26 NY3d 19, 29 [2015]). “ ‘An application to punish a party for contempt is addressed to the sound discretion of the court’ ” (Fernandez v Fernandez, 278 AD2d …
discussed Cited "see" Margarita v. Mountain Time Health, LLC
N.Y. App. Div. · 2025 · signal: see · confidence high
The plaintiff nonetheless contends that the temporal proximity between her pregnancy announcement to Golemi and the subsequent termination of her employment with MTH was sufficient to give rise to an inference of discrimination. "[T]emporal proximity . . . may, under some circumstances, be sufficient in itself to permit the inference of a causal connection" for the purpose of a discrimination or retaliation claim ( Harrington v City of New York , 157 AD3d 582 , 586; see La Marca-Pagano v Dr. Steven Phillips, P.C. , 129 AD3d 918, 921 ; cf. Tibbetts v Pelham Union Free Sch.
discussed Cited "see" Ananiadis v. Mediterranean Gyros Products, Inc.
N.Y. App. Div. · 2017 · signal: see · confidence high
To establish a prima facie case of retaliation under the NYSHRL, a plaintiff has the burden of showing that “(1) [he or] she has engaged in protected activity, (2) [his or] her employer was aware that [he *919 or] she participated in such activity, (3) [he or] she suffered an adverse employment action based upon [his or] her activity, and (4) there is a causal connection between the protected activity and the adverse action” (Forrest v Jewish Guild for the Blind, 3 NY3d 295, 313 [2004]; see La Marca-Pagano v Dr. Steven Phillips, P.C., 129 AD3d 918, 920 [2015]; Matter of Murphy v Kirkland, …
discussed Cited "see, e.g." McIntosh v. City of New York
N.Y. App. Div. · 2026 · signal: see also · confidence low
A plaintiff alleging a hostile work environment animated by discrimination in violation of the NYSHRL must show that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment ( see Forrest v Jewish Guild for the Blind , 3 NY3d at 310 ; see also La Marca-Pagano v Dr. Steven Phillips, P.C. , 129 AD3d 918, 919 ).
discussed Cited "see, e.g." Goldzweig v. Consol. Edison Co. of N.Y.
2d Cir. · 2026 · signal: see, e.g. · confidence medium
See, e.g., La Marca-Pagano v. Dr. Steven Phillips, P.C., 129 A.D.3d 918, 921 (2d Dep’t 2015) (concluding that “close temporal proximity between the plaintiff’s protected activity and the adverse employment action is sufficient to demonstrate the necessary causal nexus” for a retaliation claim); Kim v. Goldberg, Weprin, Finkel, Goldstein, LLP, 120 A.D.3d 18, 25 (1st Dep’t 2014) (same); Calhoun v. Cnty. of Herkimer, 114 A.D.3d 1304 , 1307 (4th Dep’t 2014) (same). 10
discussed Cited "see, e.g." Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights
N.Y. App. Div. · 2018 · signal: see also · confidence medium
Corp. , 257 AD2d 101, 104-106 [3d Dept 1999]; see also La Marca-Pagano v Dr. Steven Phillips, P.C. , 129 AD3d 918, 921 [2d Dept 2015]; Matter of Law Offs. of Oliver Zhou, PLLC v New York State Div. of Human Rights , 128 AD3d 618, 619 [1st Dept 2015]).
Retrieving the full opinion text from the archive…
Lorianne La Marca-Pagano, Appellant,
v.
Dr. Steven Phillips, P.C., Respondent
2013-03166.
Appellate Division of the Supreme Court of the State of New York.
Jun 17, 2015.
129 A.D.3d 918
Chambers, Miller, Duffy, Lasalle.
Cited by 16 opinions  |  Published

[*919] In an action to recover damages for employment discrimination on the basis of sex and unlawful retaliation in violation of Executive Law § 296, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated January 18, 2013, as granted that branch of the defendant’s cross motion which was for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant’s cross motion which was for summary judgment dismissing the cause of action alleging unlawful retaliation in violation of Executive Law § 296, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff commenced this action against her former employer, a dental practice, alleging violations of the New York State Human Rights Law. The plaintiff, who was employed as a receptionist, asserted that the defendant unlawfully discriminated against her in relation to her employment on the basis of sex by subjecting her to a hostile work environment. The plaintiff also asserted a cause of action alleging unlawful retaliation in violation of Executive Law § 296. In this regard, the plaintiff alleged that her employment was terminated one day after the defendant received a legal demand letter from her attorney protesting the discriminatory conduct that allegedly occurred at the defendant’s office.

In response to a motion made by the plaintiff concerning discovery, the defendant cross-moved, among other things, for summary judgment dismissing the complaint. In an order dated January 18, 2013, the Supreme Court granted that branch of the defendant’s cross motion. The plaintiff appeals, and we modify the order insofar as appealed from.

A hostile work environment exists where the workplace is “permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment” (Harris v Forklift Systems, Inc., 510 US 17, 21 [1993] [internal quotation marks omitted]; see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 310 [2004]; Chiara v Town of New Castle, 126 AD3d 111 [2015]). Various factors, such as frequency and severity of the discrimination, whether the allegedly discriminatory actions were threatening or humiliating or a “mere offensive utterance,” and whether the[*920] alleged actions “unreasonably interfere! ] with an employee’s work” are to be considered in determining whether a hostile work environment exists (Forrest v Jewish Guild for the Blind, 3 NY3d at 310-311; see Chiara v Town of New Castle, 126 AD3d 111 [2015]). The allegedly abusive conduct must not only have altered the conditions of employment of the employee, who subjectively viewed the actions as abusive, but the actions must have created an “objectively hostile or abusive environment — one that a reasonable person would find to be so” (Forrest v Jewish Guild for the Blind, 3 NY3d at 311; see Chiara v Town of New Castle, 126 AD3d 111 [2015]).

Here, the defendant established, prima facie, its entitlement to judgment as a matter of law dismissing the cause of action alleging a hostile work environment. The defendant demonstrated that the allegedly discriminatory remarks and conduct attributed to the defendant were isolated incidents that were not so severe or pervasive as to permeate the workplace and alter the conditions of the plaintiff’s employment (see Forrest v Jewish Guild for the Blind, 3 NY3d at 311; Chiara v Town of New Castle, 126 AD3d 111 [2015]; Thompson v Lamprecht Transp., 39 AD3d 846, 847-848 [2007]; Matter of Macksel v Riverhead Cent. School Dist., 2 AD3d 731, 731-732 [2003]; Matter of Father Belle Community Ctr. v New York State Div. of Human Rights, 221 AD2d 44, 51 [1996]). In opposition, the plaintiff failed to raise a triable issue of fact (see Lambert v Macy’s E., Inc., 84 AD3d 744, 745-746 [2011]). Accordingly, the Supreme Court properly granted that branch of the defendant’s cross motion which was to dismiss the cause of action alleging a hostile work environment.

However, the defendant failed to establish, prima facie, lits entitlement to judgment as a matter of law with respect to the cause of action alleging unlawful retaliation in violation of Executive Law § 296. Under the New York State Human Rights Law, it is unlawful to retaliate against an employee for opposing discriminatory practices (see Executive Law § 296 [7]; Forrest v Jewish Guild for the Blind, 3 NY3d at 312-313). In order to make out a cause of action for retaliation, “[a] plaintiff must show that (1) she has engaged in protected activity, (2) her employer was aware that she participated in such activity, (3) she suffered an adverse employment action based upon her activity, and (4) there is a causal connection between the protected activity and the adverse action” (Forrest v Jewish Guild for the Blind, 3 NY3d at 312-313). “To establish its entitlement to summary judgment in a retaliation case, a defendant must demonstrate that the plaintiff cannot make out a[*921] prima facie claim of retaliation or, having offered legitimate, nonretaliatory reasons for the challenged actions, that there exists no triable issue of fact as to whether the defendant’s explanations were pretextual” (Delrio v City of New York, 91 AD3d 900, 901 [2012]; see Forrest v Jewish Guild for the Blind, 3 NY3d at 305).

Here, the defendant failed to establish, prima facie, that the plaintiff cannot establish that there is a causal connection between the protected activity and the adverse employment action. The defendant’s evidentiary submissions substantiated the plaintiff’s allegation that she was terminated one day after the defendant received a legal demand letter from her attorney protesting the discriminatory conduct that allegedly occurred at the defendant’s office. The close temporal proximity between the plaintiff’s protected activity and the adverse employment action is sufficient to demonstrate the necessary causal nexus (see Ji Sun Jennifer Kim v Goldberg, Weprin, Finkel, Goldstein, LLP, 120 AD3d 18, 25 [2014]; Calhoun v County of Herkimer, 114 AD3d 1304, 1307 [2014]; Noho Star Inc. v New York State Div. of Human Rights, 72 AD3d 448, 449 [2010]; see also Gorman-Bakos v Cornell Co-op Extension of Schenectady County, 252 F3d 545, 554-555 [2d Cir 2001]; Johnson v Palma, 931 F2d 203, 208 [2d Cir 1991]; DeCintio v Westchester County Med. Ctr., 821 F2d 111, 115 [2d Cir 1987]).

The defendant also submitted evidence to demonstrate that the plaintiff was terminated for legitimate, nonretaliatory reasons. In this regard, the defendant submitted evidence demonstrating that the plaintiff was terminated after she failed to report to work as required on September 14, 2010, and after a history of inappropriate workplace behavior. Such behavior included, among other things, inappropriate and insubordinate conduct toward her supervisors, excessive cigarette breaks, manipulation of the office timecard system, rude and inappropriate interactions with patients, improperly calling in sick when she had a hangover from excessive drinking, inappropriate workplace clothing which resulted in her being told to wear a lab coat over her clothing, and improper use of her supervisor’s personal email account and the company payroll ledger without authorization.

However, the defendant’s submissions failed to establish that “there exists no triable issue of fact as to whether the defendant’s explanations were pretextual” (Delrio v City of New York, 91 AD3d at 901; see Forrest v Jewish Guild for the Blind, 3 NY3d at 305). Although the defendant cited the plaintiff’s failure to show up to work on September 14, 2010, as the final act[*922] that precipitated the termination of her employment, this act was not mentioned in a memorandum that was prepared by the defendant to document the reasons for the plaintiffs discharge. Furthermore, the defendant submitted the plaintiffs deposition testimony in support of its motion, wherein the plaintiff disputed the assertion that she had simply failed to show up to work for a scheduled shift. The plaintiff testified that she sent the office manager “a text message” explaining that she could not come to work that day because she was ill. In addition, the plaintiff disputed the other grounds for her termination, testifying that the proffered reasons had no basis in fact. Specifically, the plaintiff testified that she did not call in sick because she was hung over, that her job performance was never called into question, that she was never reprimanded for unprofessional behavior, that she was not disrespectful to her supervisor and did not refuse to call him “doctor,” that she did not dress inappropriately or provocatively, that she did not take excessive cigarette breaks, and that she did not manipulate the office timecard system or improperly clock in early before beginning her shift. In addition, the plaintiff testified that she was not unprofessional with patients, that she did not flirt with patients, that she did not look through the payroll ledger, and that she did not improperly access her supervisor’s email account. This evidence tended to show that the legitimate, nonretaliatory reasons given for the plaintiff’s termination were “false” and, therefore, pretextual (Browne v Board of Educ., 122 AD3d 563, 564 [2014]; see Ji Sun Jennifer Kim v Goldberg, Weprin, Finkel, Goldstein, LLP, 120 AD3d at 25; Calhoun v County of Herkimer, 114 AD3d at 1307; Noho Star Inc. v New York State Div. of Human Rights, 72 AD3d at 449; see DeCintio v Westchester County Med. Ctr., 821 F2d at 115).

Given the temporal proximity between the plaintiff’s protected activity and her termination, and the conflicting evidence with respect to whether the proffered nonretaliatory reasons for the plaintiff’s termination were pretextual, the defendant failed to sustain its initial burden of demonstrating “that the plaintiff cannot make out a prima facie claim of retaliation or, having offered legitimate, nonretaliatory reasons for the challenged actions, that there exists no triable issue of fact as to whether the defendant’s explanations were pretextual” (Delrio v City of New York, 91 AD3d at 901; see Forrest v Jewish Guild for the Blind, 3 NY3d at 305). Since the defendant failed to satisfy its initial burden with respect to that branch of its cross motion which was for summary judgment dismissing the cause of action alleging unlawful retaliation, the burden never shifted to the plaintiff (see Winegrad v New York Univ. [*923] Med. Ctr., 64 NY2d 851 [1985]). Accordingly, the Supreme Court should have denied that branch of the defendant’s cross motion which was for summary judgment dismissing the cause of action alleging unlawful retaliation in violation of Executive Law § 296.

Chambers, J.P., Miller, Duffy and LaSalle, JJ., concur.