Pasqualini v. Mortgageit, Inc.

Filing 79

OPINION AND ORDER:#97878 For the foregoing reasons, defendants' motion for summary judgment (Doc. #56) is granted in part and denied in part. Summary judgment is granted with respect to the following claims, all of which are dismissed with prej udice and without costs or attorneys' fees: Count II: creation of a hostile work environment in violation of the New York Human Rights Law ("NYHRL"), with respect to defendants Mark Pappas and Cheryl Cohen only; Count III: quid pro quo sexual harassment in violation of Title VII against MortgageIT; Count IV: quid pro quo sexual harassment in violation of the NYHRL against MortgageIT, Richard Schulman, Pappas and Cohen; Count IX: intentional infliction of emotional distress against Schulman; Count XII: retaliatory termination and defamation through conspiracy against MortgageIT, Pappas, Schulman, Cohen and Patricia Gorman; Count XIII: intentional interference with prospective economic advantage against MortgageIT, Pappas and C ohen; Count XIV: defamation per se against MortgageIT, Pappas, Schulman and Cohen; Count XV: slander per se against MortgageIT, Schulman, Pappas and Cohen; Count XVI: libel per se against MortgageIT; Count XVII: battery against Schulman; and Count XV III: assault against Schulman. All claims against defendant Gorman are dismissed with prejudice and without costs or attorneys' fees. Summary judgment is denied with respect to the following claims: Count I: creation of a hostile work environmen t in violation of Title VII against MortgageIT; Count II: creation of a hostile work environment in violation of NYHRL against MortgageIT and Schulman; and Count V: retaliation in violation of Title VII against MortgageIT. Defendants have not moved f or summary judgment with respect to Count XI: wrongful termination in violation of the NYHRL against MortgageIT, Pappas and Cohen, and, therefore, that claim remains.Plaintiffs motion for sanctions (Doc. #67) is denied. Counsel shall confer as to the steps required to resolve the matter and shall appear, by telephone if they so desire, for a conference on August 10 at 10:00 a.m. in Courtroom 12A at 500 Pearl Street. (Signed by Judge Loretta A. Preska on 8/3/2009) (jpo) Modified on 8/13/2009 (jab).