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Counsel: I have some brief questions for Mr. Guy. Court: Okay. And is that about the retaliation issue? Counsel: It’s about the NSF checks, which goes to the defense to the retaliation issue. Court: Okay. I’m not going
that she engaged in a statutorily protected activity. b. Causal Connection To prove causation, an employee must show that retaliation was a substantial factor in motivating the adverse employment action. Cornwell, 192 Wn.2d at 412. Retaliation need
discussed above, an employee can satisfy his or her burden of showing a prima facie case of retaliation based on the employer’s knowledge of the protected activity and the proximity in time between that activity and the termination
that he was discharged in violation of public policy for exercising a legal right. II. IMPROPERLY RAISED ARGUMENTS A. Retaliation Paddock argues that the Port terminated his employment in retaliation for the grievances he filed. In his reply brief
failure to comply with the eviction notice. The Egberts promptly moved for a show cause hearing. III. THE JORGENSENS’ RETALIATION CLAIM In their answer, the Jorgensens raised a retaliation defense. The Jorgensens argued that the Egberts’ claimed basis for terminating
Misc 2d 1052, 615 NYS2d 215 (AT 2nd Dept.) RETALIATORY EVICTION Real Property Law ["RPL"] §223-b [Retaliation by landlord against tenant] sets forth the three protected acts by a tenant [FN3] for which a landlord is prohibited from commencing
City HRL as amended by the Restoration Act must become the rule and not the exception.[FN9] [*7] II. Retaliation In 1991, the anti-retaliation provision of the City HRL (Administrative Code § 8-107 [7])—which had been identical
tenant or commence any action to recover real property or summary proceeding to recover possession of real property in retaliation for: [*6] (a) A good faith complaint, by or in behalf of the tenant, to a governmental authority
premises or a unit which this section is applicable, a refutable presumption that the landlord is acting in retaliation shall be created if the tenant establishes that the landlord served a notice to quit, or instituted an action or proceeding
retaliation was the sole purpose, or showing that there was no other reasonable explanation for the landlord's action". 3 NY Landlord & Tenant Incl. Summary Proc., §43:34 (Rasch, 4th Ed. 1998). However, Sec. 223(5) creates six month presumption
Besides the warranty of habitability retaliation claim, Brown raised the affirmative defense of illegal retaliation{**62 Misc 3d at 284} under Real Property Law § 223-b (1) (a). This provision forbids a landlord from serving a notice to quit because
actions were retaliatory. RPL § 223-b(5) provides for a rebuttable presumption that a landlord is acting in retaliation if the tenant establishes that the landlord served a notice to quit, or institutes an action or proceeding to recover possession
forthcoming, Pine Ridge would "proceed accordingly." Upon receipt of this letter, CityVision filed a second complaint with SDHR, claiming retaliation for lodging its first complaint. Following a public hearing held pursuant to Executive Law § 297 (4) (a), an Administrative
most were successfully remediated, and none rise to the level requiring further intervention under article 7D. Holdover action and Retaliation Real Property Law § 223-b On October 3, 2025, Respondents filed a holdover petition under LT-2259-25. On June
retaliation under Real Property Law § 223-b by pleading that the board defendants issued a notice of default just five weeks after plaintiffs complained about the quality of the water in their apartments (Real Property
fourth prong is satisfied by plaintiffs' allegation that defendants took the above mentioned adverse action in retaliation for his efforts to defend victims of discrimination by them (Hicks v Baines, 593 F3d 159, 170 [2d Cir 2010]). The fact that
retaliation claim under either the state or city law because she cannot show that she suffered an adverse employment action. A plaintiff need not suffer a change of title, a decline in income, or a reduction of benefits, in order
action is duplicitous. First, it alleges that defendant’s transmittal of a “Notice to Vacate [sic]” was in retaliation for his filing an application under the Loft Law. Next, plaintiff alleges that defendant’s actions have interfered with his peace
Plaintiff ’s Claim of Retaliation To establish retaliation under NYCHRL (Administrative Code § 8-107 [7]), plaintiff must demonstrate that he partici- pated in a protected activity, that defendants knew of this activ- ity and acted adversely against
shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because the tenant complained to the city about nuisance activities on the landlords premises. It shall