James v. City of New York, 2016 NY Slip Op 7400 (N.Y. App. Div. 2016). · Go Syfert
James v. City of New York, 2016 NY Slip Op 7400 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Vargas v. City of New York
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
A demotion is considered an adverse employment action (James v City of New York, 144 AD3d 466, 467 [1st Dept 2016]), and thus satisfies the standards of both the SHRL and the CHRL.
discussed Cited as authority (rule) Mikesh v. County of Ulster (2×)
N.Y. App. Div. · 2025 · confidence medium
Contrary to defendants' contention, plaintiff's demotion and decrease in wages were adverse employment actions ( see Forrest v Jewish Guild for the Blind , 3 NY3d 295, 306 [2004]; James v City of New York , 144 AD3d 466, 467 [1st Dept 2016]).
discussed Cited as authority (rule) Alexandre v. Verizon N.Y.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
However, the continuing violation doctrine permits consideration of all actions relevant to a discrimination claim, including those that would otherwise be time-barred, so long as such actions are part of a single continuing pattern of unlawful conduct extending into the limitations period immediately preceding the filing of the complaint (see James v City of New York, 144 AD3d 466, 467 [1st Dept 2016] [emphasis added]; see also Ferraro v New York City Dept. of Educ., 115 AD3d 497 , 498 [1st Dept 2014] [finding that to the extent any of the complained acts are part of a single continuing patte…
discussed Cited as authority (rule) Alexandre v. Verizon N.Y. Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
However, the continuing violation doctrine permits consideration of all actions relevant to a discrimination claim, including those that would otherwise be time-barred, so long as such actions are part of a single continuing pattern of unlawful conduct extending into the limitations period immediately preceding the filing of the complaint (see James v City of New York, 144 AD3d 466, 467 [1st Dept 2016] [emphasis added]; see also Ferraro v New York City Dept. of Educ., 115 AD3d 497 , 498 [1st Dept 2014] [finding that to the extent any of the complained acts are part of a single continuing patte…
discussed Cited as authority (rule) Adeniji v. City of New York
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The contention that he was written up and therefore passed over for promotions state a claim for disadvantageous treatment (see Demir v Sandoz Inc., 155 AD3d 464, 466 [1st Dept 2017] [under SHRL]; James v City of New York, 144 AD3d 466, 467 [1st Dept 2016] [under CHRL]).
discussed Cited as authority (rule) Crawford v. American Broadcasting Co., Inc.
N.Y. App. Div. · 2023 · confidence medium
Plaintiff's quid pro quo harassment claims were correctly dismissed, as there is no allegation that Corn denied her a promotion during the limitations period, and she failed to adequately plead a pattern of unlawful conduct relating to her promotion ( see James v City of New York , 144 AD3d 466, 467 [1st Dept 2016]).
discussed Cited as authority (rule) Crawford v. American Broadcasting Co., Inc.
N.Y. App. Div. · 2023 · confidence medium
Plaintiff's quid pro quo harassment claims were correctly dismissed, as there is no allegation that Corn denied her a promotion during the limitations period, and she failed to adequately plead a pattern of unlawful conduct relating to her promotion ( see James v City of New York , 144 AD3d 466, 467 [1st Dept 2016]).
cited Cited as authority (rule) Doe v. New York City Police Dept.
N.Y. App. Div. · 2021 · confidence medium
Plaintiff was thus disadvantaged under circumstances supporting an inference of discrimination ( see James v City of New York , 144 AD3d 466, 467 [1st Dept 2016]).
cited Cited as authority (rule) Doe v. New York City Police Dept.
N.Y. App. Div. · 2021 · confidence medium
Plaintiff was thus disadvantaged under circumstances supporting an inference of discrimination ( see James v City of New York , 144 AD3d 466, 467 [1st Dept 2016]).
Retrieving the full opinion text from the archive…
Damon James, Appellant,
v.
City of New York, Respondent, Et Al., Defendants
2150 157296/14.
Appellate Division of the Supreme Court of the State of New York.
Nov 10, 2016.
2016 NY Slip Op 7400
Tom, Sweeny, Richter, Manzanet-Daniels, Webber.
Cited by 138 opinions  |  Published

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about April 2, 2015, which granted the motion of defendant City of New York to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously modified, on the law, to reinstate plaintiff’s claims relating to facially timely allegations arising after July 25, 2011, as well as his claim relating to the alleged ongoing policy of preventing him from searching inmates, and otherwise affirmed, without costs.

Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a correction officer and captain during the relevant time periods, has adequately alleged a claim for sexual orientation-based discrimination in violation of the New York City Human Rights Law (see Anderson v Edmiston & Co., Inc., 131 AD3d 416 [1st Dept 2015]; Askin v Department of Educ. of the City of N.Y., 110 AD3d 621 [1st Dept 2013]). Plaintiff’s allegations that he is an openly gay man and was qualified for the positions of corree[*467] tion officer and captain meet the first two elements of his discrimination claim. Plaintiff’s allegations that he was written up, twice suspended, and ultimately demoted meet the third element of disadvantageous treatment (see Santiago-Mendez v City of New York, 136 AD3d 428 [1st Dept 2016]; Rollins v Fencers Club, Inc., 128 AD3d 401 [1st Dept 2015]). Defendant’s argument that plaintiff has not alleged that he was treated worse than similarly situated captains—as opposed to correction officers—is unavailing. Suspension and demotion are, on their faces, adverse employment actions. Defendant’s argument is, effectively, that those actions were warranted by plaintiff’s conduct while a captain, but this argument goes more properly to the second leg of the McDonnell Douglas burden-shifting framework (see McDonnell Douglas Corp. v Green, 411 US 792 [1973]), namely rebuttal of a prima facie claim of employment discrimination by showing a legitimate, nondiscriminatory reason for the adverse action (see Bennett v Health Mgt. Sys., Inc., 92 AD3d 29, 35 [1st Dept 2011], lv denied 18 NY3d 811 [2012]), and is misplaced at this early procedural juncture.

Plaintiff’s allegation that, in about April 2013, defendant Assistant Deputy Warden Mingo followed him into a control room and poked him in the “derriere” with her radio antenna, saying, in the presence of other personnel, “Now I have your attention,” coupled with his allegation that, beginning in 2007, his superiors prevented him from searching the cells and persons of inmates who objected on the ground that plaintiff is “homosexual,” sufficiently allege the fourth element, discriminatory animus (see Brathwaite v Frankel, 98 AD3d 444, 445 [1st Dept 2012]).

Plaintiff’s allegation relating to inmate cell searches, adequately alleges “a single continuing pattern of unlawful conduct extending into the [limitations] period immediately preceding the filing of the complaint,” permitting consideration under the continuing violations doctrine of all actions relevant to that claim, including those that would otherwise be time-barred (Ferraro v New York City Dept. of Educ., 115 AD3d 497, 497-498 [1st Dept 2014]; accord Jeudy v City of New York, 142 AD3d 821, 823 [1st Dept 2016]). However, plaintiff’s remaining allegations relating to alleged events transpiring prior to July 25, 2011, including the denial of his right to carry a firearm, are too vague and disconnected from his timely allegations to benefit from the continuing violations doctrine.

Concur—Tom, J.P., Sweeny, Richter, Manzanet-Daniels and Webber, JJ.