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WALTER ALLEN plf-res, v. THE RIESE ORGANIZATION, INC. def-ap

9419. WALTER ALLEN plf-res, v. THE RIESE ORGANIZATION, INC. def-ap — Littler Mendelson, P.C., New York (Barbara A. Gross of counsel), for ap — Simon Eisenberg & Baum, LLP, New York (Eric M. Baum of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered June 29, 2012, which, to the extent appealed from, denied defendants' motion to dismiss plaintiffs' claims of employment discrimination, retaliation and hostile work environment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

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9419. WALTER ALLEN plf-res, v. THE RIESE ORGANIZATION, INC. def-ap — Littler Mendelson, P.C., New York (Barbara A. Gross of counsel), for ap — Simon Eisenberg & Baum, LLP, New York (Eric M. Baum of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered June 29, 2012, which, to the extent appealed from, denied defendants’ motion to dismiss plaintiffs’ claims of employment discrimination, retaliation and hostile work environment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

In January 2009, plaintiffs were terminated from their positions as maintenance workers at defendant A.R.O. Construction Corp. Upon their discharge, plaintiffs each signed a Severance Agreement and Release that “release[d] and forever discharge[d] [A.R.O., its corporate affiliates, officers and employees]… from all claims[,] causes of action, grievances, and liabilities of any nature whatsoever that [plaintiffs] may now have or could have, … including without limitation any claims or liabilities arising pursuant to any employment relations statute, including all claims arising under… the New York State Human Rights Law[] [and] the New York City Administrative [C]ode.”

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