KELLEY D.F. HARDWICK, plf-ap, v. GENO AURIEMMA, ETC. def-res, NATIONAL BASKETBALL ASSOCIATION, ET AL., def

11414. KELLEY D.F. HARDWICK, plf-ap, v. GENO AURIEMMA, ETC. def-res, NATIONAL BASKETBALL ASSOCIATION, ET AL., def — Newman Ferrara LLP, New York (Randolph M. McLaughlin of counsel), for ap — Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for Geno Auriemma, res — Bryan Cave LLP, New York (Vincent Alfieri of counsel), for USA Basketball, Inc., and James Tooley, res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 15, 2013, which granted defendants James Tooley and USA Basketball, Inc.'s motion to dismiss the causes of action for violations of the New York State and New York City Human Rights Laws pursuant to CPLR 3211(a)2., granted defendant Geno Auriemma's motion to dismiss the cause of action for assault pursuant to CPLR 3211(a)8., and dismissed the complaint in its entirety as to all three defendants, unanimously affirmed, without costs.

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11414. KELLEY D.F. HARDWICK, plf-ap, v. GENO AURIEMMA, ETC. def-res, NATIONAL BASKETBALL ASSOCIATION, ET AL., def — Newman Ferrara LLP, New York (Randolph M. McLaughlin of counsel), for ap — Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for Geno Auriemma, res — Bryan Cave LLP, New York (Vincent Alfieri of counsel), for USA Basketball, Inc., and James Tooley, res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 15, 2013, which granted defendants James Tooley and USA Basketball, Inc.’s motion to dismiss the causes of action for violations of the New York State and New York City Human Rights Laws pursuant to CPLR 3211(a)2., granted defendant Geno Auriemma’s motion to dismiss the cause of action for assault pursuant to CPLR 3211(a)8., and dismissed the complaint in its entirety as to all three defendants, unanimously affirmed, without costs.

Plaintiff is the Director of Security for her employer, the National Basketball Association (NBA). She commenced this action against defendants alleging, inter alia, discrimination and retaliation in violation of the State and City Human Rights Law. Defendants Geno Auriemma and James Tooley are employed, respectively, as the executive director and head coach of USA Basketball, Inc. (USAB), the national governing body for the sport of basketball. Although it is an Illinois corporation, USAB has its main headquarters in Colorado Springs. Tooley is a Colorado resident and Auriemma is a Connecticut resident. The NBA is a New York City based company and a member of the USAB. Although plaintiff resides within the state, she is not a New York City resident.

KELLEY D.F. HARDWICK, plf-ap, v. GENO AURIEMMA, ETC. def-res, NATIONAL BASKETBALL ASSOCIATION, ET AL., def

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