Buchwald v. Silverman Shin & Byrne PLLC

2017 NY Slip Op 2955, 149 A.D.3d 560, 50 N.Y.S.3d 272

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 18, 2017
• Docket: 3773 155828/13
• Status: Published

Opinion

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered or about July 11, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Viewing the record in the light most favorable to plaintiff, no triable issues of fact exist as to whether defendant discriminated against plaintiff based on a perceived disability. Defendant’s alleged conduct consists of “petty slights or trivial inconveniences” that do not suffice to support a hostile work environment claim under the New York City Human Rights Law (see Williams v New York City Hous. Auth., 61 AD3d 62, 79-80 [1st Dept 2009]).

Concur — Friedman, J.P., Renwick, Moskowitz, Feinman and Kapnick, JJ.