service requirements of Admin Code § 8-502(c) [plaintiff in action brought wholly
or partially pursuant to Admin Code § 8-107(1)[a] must serve both the city
commission on human rights and the corporation counsel with a copy of the complaint
within 10 days of action's commencement]. The service specified in § 8-502(e) is "a
condition precedent to maintaining a valid cause of action under title 8 of the
Administrative Code" (Bernstein v 1995 Associates, 217 AD2d 512, 515 [1st
Dept 1995]).
Footnote 3: As defendants point out,
although the complaint dubs this claim a violation of § 8-107(1)[e] it uses the
language of § 8-107(7) and is clearly intended to assert a cause of action pursuant to
that subsection. The court will therefore ignore the incorrect nomenclature and treat this
cause of action as one alleging a breach of § 8-107(7). "Plaintiff's citation ... to
NYC Admin Code § 8-107(1)(e), a subsection inapplicable to her allegations, does
not require dismissal of her retaliation claim. The court looks only to whether plaintiff
sustains a claim under the law, not whether she accurately cites that law or states the
claim with artful precision" (Artis v Random House, Inc., supra, 34 Misc
3d at 866).