Parham v. City of New York

Allegations of Racist Remarks Against Plaintiff Enough to Establish Causes of Action

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The following e-filed documents, listed by NYSCEF document number (Motion 003) 33, 34, 35, 36, 37, 38, 40, 42, 43, 44, 45 were read on this motion for DISMISSAL. DECISION + ORDER ON MOTION Upon the foregoing documents and oral argument, the City of New York, the New York City Law Department, Michael Finkelstein, Joseph Segreti, Lillian Evans, Sosimo Fabian, Fay Leoussis, Howard Eison, John Orcutt, and Muriel Goode-Trufant (collectively identified as “Defendants”) move to dismiss Plaintiff’s amended complaint pursuant CPLR §3211(a)(7) on the grounds that it does not comply with statutory notice of claim requirements and otherwise fails to state a cause of action. Plaintiff Dwayne Parham (“Plaintiff”) opposes the motion. For the reasons stated herein, Defendants’ motion is denied. BACKGROUND Plaintiff was hired by the New York City Law Department (the “Law Department”) in May 2018 as a Claims Specialist in the Special Litigation Unit (“SLU”) (NYSCEF Doc No. 27, verified amended complaint 19).¹ Plaintiff is a black male who holds a Juris Doctorate (id.

17, 18). Beginning in July 2018, Plaintiff alleges that he was subjected to racially motivated comments and actions by supervisors within the Law Department (id. 21). Specifically, Plaintiff claims that Senior Counsel Michael Finkelstein (“Finkelstein”) made comments to Plaintiff about fried chicken, such as, “you know [Plaintiff] makes the best fried chicken” and “of course [Plaintiff] would be good at making fried chicken” (id. 9, 21, 23, 25). Finkelstein also professedly flapped his arms while making a clucking sound as he passed by Plaintiff’s desk (id. 25). In October 2018, Plaintiff offered Finkelstein candy, to which Finkelstein allegedly responded by tossing a watermelon-flavored piece at Plaintiff and saying, “here is your favorite flavor” (id.

Parham v. City of New York

Allegations of Racist Remarks Against Plaintiff Enough to Establish Causes of Action

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