CURTO v. ZITTEL DAIRY FARM (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

Patricia CURTO, Plaintiff-Appellant, v. ZITTEL'S DAIRY FARM, John Zittel, Sandy Zittel, Thomas Dexter and Jeffrey Gasper, Defendants-Respondents.

Decided: February 03, 2006

PRESENT: PIGOTT, JR., P.J., GORSKI, SMITH, GREEN, AND HAYES, JJ.

Patricia Curto, Plaintiff-Appellant Pro Se. Berkowitz & Pace, Orchard Park (Peter P. Vasilion of Counsel), for Defendants-Respondents Zittel's Dairy Farm, John Zittel, Sandy Zittel and Thomas Dexter. Attea & Attea, North Boston (Brian F. Attea of Counsel), for Defendant-Respondent Jeffrey Gasper.

Plaintiff commenced this action seeking damages for, inter alia, sexual harassment and discrimination that allegedly occurred during the course of her employment with defendant Zittel's Dairy Farm (Zittel's). Supreme Court properly denied that part of the motion of plaintiff seeking partial summary judgment on her harassment claims against Zittel's. Plaintiff failed to meet her initial burden by submitting proof in admissible form demonstrating that Zittel's was aware of the harassment of plaintiff by her coworker, defendant Jeffrey Gasper, or that it acquiesced in or condoned Gasper's conduct (see Spoon v. American Agriculturalist, 120 A.D.2d 857, 858, 502 N.Y.S.2d 296; see generally Forrest v. Jewish Guild for Blind, 3 N.Y.3d 295, 311, 786 N.Y.S.2d 382, 819 N.E.2d 998).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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