Order, Supreme Court, New York County, entered July 27, 2011, modified, on the law, to dismiss the first cause of action as against the Dakota, with prejudice, and as against Barnes and Nitze, without prejudice; the second cause of action as against the Dakota, with prejudice; so much of the fifth cause of action as is based on statements made in defendants' affidavits, with prejudice; so much of the seventh and ninth causes of action as are based on plaintiff Fletcher's conduct with respect to the African-American shareholder who wanted to renovate her apartment as against the Dakota, without prejudice; and the seventh, ninth and eleventh causes of action as against Barnes, without prejudice, and otherwise affirmed, without costs.
Footnotes
Footnote 1: The State HRL prohibits retaliation by "any person engaged in any activity to which this section applies" (Executive Law § 296 [7]); "person" includes "one or more individuals" (Executive Law § 292 [1]). The City HRL prohibits retaliation by "any person engaged in any activity to which this chapter applies" (Administrative Code § 8-107 [7]); "person" includes "one or more natural persons" (Administrative Code § 8-102 [1]).
Footnote 2: While we rely upon Forrest in addressing plaintiff's State HRL claim (because that case continues to be binding upon us in the context of State HRL claims), we do not rely upon Forrest with respect to plaintiff's City HRL claim since the City Council expressly rejected Forrest's application to claims brought under the City HRL when it enacted the Restoration Act (see Bennett v Health Mgt. Sys., Inc., 92 AD3d 29, 35 n 1, citing Williams, 61 AD3d at 67).