was enacted in 1995 to counter-balance the economic strength of the Arab OPEC
nations, "is directed at curbing, in particular, types of business practices that involve the
concerted use of economic means to disadvantage the trade or commercial activities of a
member of a targeted group" (id. at 435-436).
Plaintiff evokes § 8-107(13) as a catch-all vicarious liability provision. "Thus,
although a [*17]liberal reading of this type of remedial
statute is warranted for the accomplishment of its purposes..., the reading plaintiff
advances would not promote the purpose of this section (id. at 436, citing
City of Schenectady v State Division of Human Rights, supra, 37 NY2d
at 428). Based on such clear rejection by the Court of Appeals, the court finds this cause
of action should be dismissed against all defendants.
Accordingly, defendants' motion is granted only to the extent that the Clerk shall
enter judgment dismissing plaintiff's first cause of action (sex discrimination under state
law) against Bulletproof and Jeffrey, and dismissing the second, third, fifth, sixth,
seventh, eighth and ninth causes of action in their entirety. The first cause of action
against David and Perfect World and the fourth cause of action (sex discrimination under
city law) against all defendants are hereby severed.
Plaintiff's cross-motion for partial summary judgment is denied in its entirety.
This decision constitutes the order of the court.
DATED:
_________________________
J.S.C.
Footnotes
Footnote 1: Although defendants'
supporting memorandum and reply affirmation seek dismissal of the eighth cause of
action against Jeffrey, the notice of motion does not.
Footnote 2: The court notes that
from the evidence before it, there is no indication that plaintiff has complied with the