Tag Archives: Bennett v Health Management Systems Inc

Welcome News For New York Employers: Appellate Court Rejects Its Prior Ruling That A Plaintiff Alleging Discrimination Under The New York City Human Rights Law Is Entitled To A Trial In Almost Every Case

by: Barry Assen

New York management-side attorneys and their clients were surprised and chagrined when they read Bennett v. Health Management Systems, Inc., a case decided in December 2011 by the New York State Supreme Court, Appellate Division, First Department (“the First Department”), which sits in Manhattan.  Writing for the unanimous five-judge court, Justice Rolando Acosta directed that because the New York City Human Rights Law (“NYCHRL”) explicitly provides that it should be liberally construed, summary judgment motions should only be granted in the employer’s favor in “rare and unusual” circumstances. 

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