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Avery v. DiFiore

Judge's Suit Alleging Retaliation for Disclosing Sexual Harassment Insufficiently Pleaded

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OPINION AND ORDER On October 23, 2012, Plaintiff Susan F. Avery — then a judge on New York’s Housing Court — was the victim of an ugly incident of sexual harassment by her colleagues at a professional dinner event. See ECF No. 52 (“Am. Compl.”),

7-11; id. Ex. A (“Fisher Letter”).¹ Avery reported the incident, verbally at first, and then by formal letter, to Justice Fern A. Fisher, then the Deputy Chief Administrative Judge for the New York City Courts. Am. Compl. 12; see Fisher Letter. After Avery reported the incident, her immediate supervisor — Judge Jaya Madhavan, then the Supervising Housing Judge for the Bronx Housing Court where Avery was serving — began treating her “in a much different and more negative fashion,” assigning her less desirable work, reassigning her staff, and “walking away from Avery while [she] was mid-sentence” upon meeting her in the hallways. Id.

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