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JAMES v. CITY OF NEW YORK

2150, 157296/14.

144 A.D.3d 466 (2016)

2016 NY Slip Op 07400

41 N.Y.S.3d 221

DAMON JAMES, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2016.

Crediting the allegations in the complaint for purposes of this motion to dismiss, we find that plaintiff, a correction officer and captain during the relevant time periods, has adequately alleged a claim for sexual orientation-based discrimination in violation of the New York City Human Rights Law (see Anderson v Edmiston & Co., Inc., 131 A.D.3d 416 [1st Dept 2015]; Askin v Department of Educ. of the City of N.Y.,

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