Rivas v. International Academy of Hope

The following e-filed documents, listed by NYSCEF document number (Motion 001) 22, 23, 24, 25, 26,27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Plaintiff commenced this action alleging he was subjected to discrimination and a hostile work environment because of his disability, and that he was retaliated against for making such a complaint, all in violation of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Plaintiff alleges eight causes of action in his complaint, six of which allege violations of NYSHRL and NYCHRL. Plaintiff further alleges that defendants were negligent, and that defendants are vicariously liable via respondeat superior for acts and omissions of individual defendants. Defendants International Academy of Hope (iHOPE), Young Adult Institute, Inc. (YAI), Paul A. Juhasz (Juhasz), Vincent Massaro (Massaro), Kevin Carey (Carey), Matthew Donohue (M. Donohue), Jeffrey Mortara (Mortara), and Cameron Brown (Brown) (collectively, Moving Defendants) move pursuant to CPLR 3211(a)(7) and (a)(1) to partially dismiss certain causes of action.¹ Plaintiff filed and served written opposition. For the reasons below, the defendants’ motion is denied. BACKGROUND The following allegations are taken from the complaint and are presumed to be true for the purposes of this motion.² Plaintiff was employed by iHOPE as a paraprofessional (NYSCEF Doc. No. (Doc.) 1, complaint at

47, 60). Juhasz was the chief administrative officer and human resources manager of iHOPE and was plaintiff’s supervisor (id. at