Denying Motion to Dismiss New York City Human Right Claims, Appellate Division Affirms Plaintiff Need Only Give Fair Notice of Nature of Claim and Grounds

In Vig v New York Hairspray Co., L.P., the New York Appellate Division First Department upheld the New York Supreme Court decision denying the employer's motion to dismiss the employee's disability discrimination claims under the New York City Human Rights Law. The New York Supreme Court held as follows: "In considering a motion to dismiss for failure to state a cause of action (CPLR 3211 [a] [7]), the court is required to accept as{**67 AD3d at 145} true the facts as alleged in the complaint, accord the plaintiff the benefit of every favorable inference and strive to determine only whether the facts alleged fit within any cognizable legal theory (Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 414 [2001]). In…

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