CATHERINE MORAETIS, plf-res, v. ROBERT S. EVANS def-ap

3350. CATHERINE MORAETIS, plf-res, v. ROBERT S. EVANS def-ap — Pryor Cashman LLP, New York (Shveta Kakar of counsel), for ap — The Roth Law Firm, PLLC, New York (Richard A. Roth of counsel), for res — Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 11, 2016, which, to the extent appealed from, denied defendants' CPLR 3211(a)(7) motion to dismiss plaintiff's gender discrimination claims, unanimously modified, on the law, to dismiss the claim under the New York State Human Rights Law (Executive Law §296), and otherwise affirmed, without costs.

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3350. CATHERINE MORAETIS, plf-res, v. ROBERT S. EVANS def-ap — Pryor Cashman LLP, New York (Shveta Kakar of counsel), for ap — The Roth Law Firm, PLLC, New York (Richard A. Roth of counsel), for res — Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 11, 2016, which, to the extent appealed from, denied defendants’ CPLR 3211(a)(7) motion to dismiss plaintiff’s gender discrimination claims, unanimously modified, on the law, to dismiss the claim under the New York State Human Rights Law (Executive Law §296), and otherwise affirmed, without costs.

The court erred in determining that issues of fact exist regarding whether, under the single employer doctrine, the employees of Spring Hill Farm should be counted toward the four-person threshold necessary to state a claim under the New York State and New York City Human Rights Laws. Under that doctrine, liability for certain violations of employment law may be imposed on entities that are a part of a “single enterprise” (Arculeo v. On-Site Sales & Mktg., LLC, 425 F3d 193, 198 [2d Cir 2005]). The doctrine “has been limited to situations where the plaintiff’s employer is a wholly-owned subsidiary, or where the plaintiff’s employment is subcontracted by one employer to another… entity” (Conde v. Sisley Cosmetics USA, Inc., 2012 WL 1883508, *5, 2012 US Dist LEXIS 72726, *15 [SD NY, May 23, 2012, No. 11-CV-4010(RJS)] [internal quotation marks omitted]; see e.g. Cook v. Arrowsmith Shelburne, Inc., 69 F3d 1235, 1240-1241 [2d Cir 1995]).

CATHERINE MORAETIS, plf-res, v. ROBERT S. EVANS def-ap

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