1250 Broadway, 27th Floor New York, NY 10001

STUCK IN PARK?

j0386048.jpgMaria Hernandez sued her former employer, Central Parking Systems, and others, alleging "constructive discharge," "intentional and negligent infliction of emotional distress," "retaliation," "hostile work environment," and "sexual harassment."

After the Bronx County Supreme Court dismissed Hernandez's constructive discharge and emotional distress claims (for failing to state a viable basis for relief), and ruled in the defendants' favor on the remaining legal theories, she appealed to the Appellate Division, First Department.

Because she didn't allege that she had resigned from her job, the AD1 thought Hernandez hadn't stated a constructive discharge claim. Nor was the delineated conduct viewed as "outrageous" or "extreme" enough to support her emotional distress assertions. But, because the defendants didn't timely file their motion for summary judgment and gave no acceptable excuse for the delay, the rest of Hernandez's case was permitted to continue.

Central Parking will need to shift gears.

j0323755.gifTo view a copy of the Appellate Division's decision, please use this link: Hernandez v Central Parking Sys. of N.Y., Inc.

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