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Mandeville v. NYC Health & Hosp./Harlem

Terminated Doctor Adequately Pleaded Claim for Age-Based Discmirination Under NYC, NYS HRL

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 were read on this motion to/for          DISMISS. DECISION ORDER ON MOTION Plaintiff, Edgar Mandeville, M.D., commenced this action seeking damages for age discrimination under the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) and for a hostile work environment under the NYCHRL, stemming from the termination of his employment at Harlem Hospital. Defendants, NYC Health & Hospitals d/b/a Harlem, New York City Health & Hospitals Corporation (HHC), Physician Affiliate Group of New York, P.C. (PAGNY) (collectively, defendants), now move pursuant to CPLR 3211(a)(7) to dismiss the compliant. Plaintiff opposes the motion. For the foregoing reasons, and after oral argument on May 18, 2021, defendants’ motion is denied. FACTUAL ALLEGATIONS Plaintiff, who was 75 years of age at the relevant time, was employed as Chairman of HHC’s Obstetrics and Gynecology department from 2006 through his alleged unlawful termination in December 2017 (NYSCEF # 1, compl at

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