Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04568
Gianna T. D. v 64 W. Chippewa Assoc. LLC
Read the official decision: 2026 NY Slip Op 04568
Holding The court modified the lower court’s order to reinstate claims for battery and NYSHRL violations against the individual defendants, ruling that the plaintiff’s testimony raised triable issues of fact regarding physical helplessness and that the sole owner and manager could be held liable for their direct involvement in the alleged harassment and retaliation.
The court’s words
CPLR 213-c does not create a cause of action where none otherwise exists
2026 NY Slip Op 04568, at the official text
one need not be comatose or unconscious to be unable to consent due to being physically helpless
2026 NY Slip Op 04568, at the official text
Requiring plaintiff to provide direct evidence that she had been drugged fails to consider the inherently surreptitious nature of the crime
2026 NY Slip Op 04568, at the official text
A plaintiff's NYSHRL claims are sustainable against a sole owner as an employer when the owner was a perpetrator of the discriminatory conduct
2026 NY Slip Op 04568, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04568 |
| Area of law | Civil Rights and Constitutional Law · Personal Injury and Negligence · Employment and Discrimination |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04568 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 254 |
Recommended citation
ESQ HQ, New York Law Watch, Gianna T. D. v 64 W. Chippewa Assoc. LLC, 2026 NY Slip Op 04568 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04568/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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