Constantine v. Kay

6 Misc. 3d 927, 2004 NY Slip Op 24544, 792 N.Y.S.2d 308, 2004 N.Y. Misc. LEXIS 2916
CourtNew York Supreme Court
DecidedNovember 8, 2004
StatusPublished

This text of 6 Misc. 3d 927 (Constantine v. Kay) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Constantine v. Kay, 6 Misc. 3d 927, 2004 NY Slip Op 24544, 792 N.Y.S.2d 308, 2004 N.Y. Misc. LEXIS 2916 (N.Y. Super. Ct. 2004).

Opinion

OPINION OF THE COURT

David I. Schmidt, J.

[928]*928Defendants Kevin Kay and Coastal Sheet Metal Corporation move for an order, pursuant to CPLR 3211 (a) (7), dismissing plaintiff’s complaint for failure to state a claim upon which relief can be granted.

From approximately June 18, 2003 through January 20, 2004, plaintiff was employed by Coastal as an apprentice sheet metal worker. In her complaint, plaintiff claims that upon commencement of her employment on June 18, 2003, Kay, a coworker, began an immediate and continual course of sexually harassing conduct toward her. Plaintiff asserts that Kay’s alleged harassment created a hostile work environment and that Coastal retaliated against plaintiff because of her participation in protected activities, resulting in the loss of her position in violation of the New York State Constitution and New York state and city laws.

Specifically, plaintiff outlines four allegedly harassing comments made to her by Kay on three separate occasions: (1) “Will you be my personal model?”; (2) “When are you going to give me your phone number?”; (3) “Let me know when you’re coming back to the shop so I can take my ring off’; and (4) “Will you be able to keep your hands off me when you come back?” Plaintiff does not allege that any physical harassment or bodily contact ever occurred. The first comment is alleged to have been made in August 2003 at Coastal’s shop, the second in late October or early November of 2003, the third on or about January 13, 2004, and the last on January 20, 2004. Although plaintiff does not describe her reaction to the first comment, she asserts that after Kay asked for her phone number she responded that she did not date coworkers or married men. After the third comment, plaintiff allegedly responded that she was going to “report” Kay. She does not specify to whom she was threatening to report Kay’s behavior.

Plaintiff was terminated from her position on January 20, 2004. She asserts that her termination was retaliatory since it occurred approximately one week after she threatened to report Kay.

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Bluebook (online)
6 Misc. 3d 927, 2004 NY Slip Op 24544, 792 N.Y.S.2d 308, 2004 N.Y. Misc. LEXIS 2916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/constantine-v-kay-nysupct-2004.