Appellate Division of the Supreme Court of New York, 2006

Stern v. City of New York

Stern v. City of New York
Appellate Division of the Supreme Court of New York · Decided January 3, 2006
25 A.D.3d 323; 805 N.Y.S.2d 833
Stern v. City of New York

Opinion of the Court

Order Supreme Court, New York County (Paviola A. Soto, J.), entered April 28, 2004, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs opposition adduced evidence sufficient to raise an issue of fact as to whether the denial of a promotion for him by defendant City was due to a widespread discriminatory custom in violation of his civil rights (42 USC § 1983; see Davis v City of *324New York, 75 Fed Appx 827, 829 [2d Cir 2003]). We note defendant did not submit a reply. Concur—Saxe, J.P., Marlow, Williams, Catterson and Malone, JJ.

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