The case is Boliak v. Reilly, issued on May 24. The ruling is reproduced below:
Boliak v Reilly
Supreme Court of New York, Appellate
Division, First Department
May 24, 2018, Decided; May 24, 2018,
Entered
6654, 153941/16
[**1] Lawrence Boliak, et al., Plaintiffs-Appellants, v Father Michael
P. Reilly, et al., Defendants-Respondents. National Employment Lawyers
Association of New York, Amicus Curiae.
Law Office of Mark E. Goidell, Garden City (Mark E. Goidell of
counsel), for Father Michael P. Reilly, respondent.
Kelly Drye & Warren LLP, New York (David Zalman and John
Callagy of counsel), for Robert Richard, Greg Manos, St. Joseph by the Sea High
School, Cardinal Timothy Dolan and the Archdiocese of New York, respondents.
Harrison, Harrison & Assoc., Ltd., New York (Julie Salwen of
counsel), for amicus curiae.
Order, Supreme Court, New York
County (Erika M. Edwards, J.), entered September 25, 2017, which, insofar as
appealed from as limited by the briefs, denied plaintiffs' cross motion for
leave to serve a second amended complaint, inter alia, adding Board of Trustees
of defendant St. Joseph by the Sea High School and board chairman Dr. Theodore
Strange as defendants, unanimously modified, on the law, to grant the motion
except as to adding Dr. Strange as a defendant, and otherwise affirmed, without
costs.
Plaintiffs were not required to
submit an affidavit of merit or make any other evidentiary showing in support
of their motion (see Berkeley Research Group, LLC v FTI Consulting, Inc., 157 AD3d 486, 490, 69 N.Y.S.3d 26 [1st Dept 2018]; Hickey v Steven
E. Kaufman, P.C., 156 AD3d 436, 66 N.Y.S.3d 474 [1st Dept 2017]).
The allegations [*2] that plaintiffs were
subjected by defendant Father Reilly to a barrage of vulgar, misogynous and
ageist remarks and epithets, which defendants Robert Richard and Greg Manos
echoed, condoned, and amplified, state causes of action under the New York City
Human Rights Law (Administrative
Code of City of NY § 8-107) for gender and age discrimination
through a hostile work environment (see Hernandez v Kaisman, 103 AD3d 106, 114-115, 957 N.Y.S.2d 53 [1st Dept 2012], citing Williams v New
York City Hous. Auth., 61 AD3d 62, 80, 872 N.Y.S.2d 27 [1st Dept 2009], lv denied 13 N.Y.3d 702, 914 N.E.2d 365, 885 N.Y.S.2d
716 [2009]). The allegations also state causes of action for retaliation (see Fletcher v Dakota, Inc., 99 AD3d 43, 51-52, 948 N.Y.S.2d 263 [1st Dept 2012]).
With the exception of Dr.
Strange, the defendants named in the proposed complaint are subject to
potential liability for Reilly's alleged discriminatory conduct either
vicariously or as aiders and abettors (see
Administrative
Code § 8-107[13][a]-[b]; Priore v New
York Yankees, 307 AD2d 67, 74, 761 N.Y.S.2d 608 [1st Dept 2003], lv denied 1 N.Y.3d 504, 807 N.E.2d 894, 775 N.Y.S.2d
781 [2003]; see also Malena v Victoria's Secret Direct, LLC, 886 F Supp 2d 349, 367 [SD NY 2012]). Dr. Strange is alleged to be the board's "current"
chairman; since he is not alleged to have been a member of the board at any
relevant time, the proposed complaint is palpably insufficient as to him.
The proposed complaint states a
cause of action against Reilly and Manos for defamation of plaintiff Lawrence
Boliak (see Davis v Boeheim, 24 NY3d 262, 272, 998 N.Y.S.2d 131, 22 N.E.3d 999
[2014]; O'Neill v New
York Univ., 97 AD3d 199, 212, 944 N.Y.S.2d 503 [1st Dept 2012]).
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