Abe v New York Univ. (2019 NY Slip Op 00989) Abe v New York Univ. 2019 NY Slip Op 00989 Decided on February 7, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on February 7, 2019 Sweeny, J.P., Tom, Webber, Kahn, Kern, JJ. 105985/10 -157465/16 -8372 8371 8370 8369 [*1]Koya Abe, Plaintiff-Appellant, vNew York University, et al., Defendants-Respondents. Koya Abe, Plaintiff-Appellant, vNew York University, et al., Defendants-Respondents. Jennifer L. Unruh, Astoria, for appellant. Davis Wright Tremaine LLP, New York (Lyle S. Zuckerman of counsel), for Cathleen Dawe, respondent. DLA Piper LLP (US), New York (Brian S. Kaplan of counsel), for New York University, David M McLaughlin, Nancy Barton, Ken Castronuovo, Joseph Giovannelli, Roger Ho, Mary Brabeck, Barbara Cardeli-Arroyo, respondents. Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered December 5, 2017, which to the extent appealed from as limited by the briefs, granted summary judgment dismissing the discrimination and hostile work environment claims in Index Number 105985/10 (the 2010 action); granted defendants' motion to seal confidential information in the 2010 action; denied plaintiff's motion to vacate the note of issue, compel additional discovery, and for discovery related sanctions in the 2010 action; granted defendants' motion to dismiss the complaint in Index Number 157465/16 (the 2016 action); and granted defendants' motion for sanctions against plaintiff and his counsel for engaging in frivolous conduct in both actions, unanimously affirmed, without costs. Orders, same court and Justice, entered April 2, 2018, dismissing, upon reargument, all claims against defendant Cathleeen Dawe in the 2010 action; entered April 3, 2018, ordering certain documents filed in the 2010 action to be sealed; and entered December 19, 2017, referring both actions to a judicial hearing officer or special referee to hear and report on the amount of attorneys' fees owed to defendants as sanctions, unanimously affirmed, without costs. Order, same court and Justice, entered April 2, 2018, which, to the extent appealable, denied plaintiff's motion to renew the summary judgment motions in the 2010 action, unanimously affirmed, without costs. Assuming that plaintiff established a prima facie case of discrimination on the basis of race, national origin, immigration status, or age (Melman v Montefiore Med. Ctr., 98 AD3d 107, 112-113 [1st Dept 2012]; Bennett v Health Mgt. Sys., Inc., 92 AD3d 29, 35 [1st Dept 2011], lv denied 18 NY3d 811 [2012]; Bailey v New York Westchester Sq. Med. Ctr., 38 AD3d 119, 123 [1st Dept 2007]; see Executive Law § 296; Administrative Code of City of NY § 8—107[1][a]), [*2]the Supreme Court properly dismissed that claim because plaintiff failed to raise an issue of fact whether defendants' reason for terminating him was pretextual (see Melman, 98 AD3d at 113-114, 120). Defendants demonstrated a legitimate nondiscriminatory reason why they eliminated plaintiff's part-time darkroom lab manager and photography adjunct teaching positions, citing budget cuts and the fact that the duties of ...
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