In this action Plaintiff alleged that his employer, a Municipality, and certain named individuals "appearing separately", had unlawfully discriminated against him on the basis of his race, subjected Plaintiff to a hostile work environment, and retaliated against Plaintiff in violation of New York State's Human Rights Law.*
Supreme Court, however, found that Plaintiff failed to serve a timely "notice of claim," which was a condition precedent to commencing his action and granted Municipality's motion for summary judgment, dismissing the complaint against it and against each named individuals "appearing separately". Plaintiff appealed.
The Appellate Division affirmed Supreme Court ruling "with one bill of costs" to the named individuals appearing separately and filing separate briefs, explaining that Plaintiff failed to serve a timely notice of claim, which was a condition precedent to commencing his action.
Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced.
* See Executive Law §296.
Click HEREto access the Appellate Division's decision posted on the Internet.