Court of Appeals of New York

In this case, plaintiff white firefighters allege that the City of Buffalo engaged in reverse, disparate treatment racial discrimination by permitting the promotion eligibility lists to expire before their maximum legal duration, thereby violating the New York Human Rights Law, the Civil Service Law, and the New York Constitution. The promotion eligibility lists were based on a controversial examination used to select firefighters for promotion for which a separate putative class action had earlier been filed alleging an illegal disparate impact against African-American firefighters. Judgment granting plaintiffs summary judgment as to liability involving discrimination is modified by remitting to the Supreme Court for further proceedings, where: 1) human rights claims are not tort actions under General Municipal Law section 50-e and are not personal injury, wrongful death, or damage to personal property claims under section 50-i, so there is no notice of claim requirement here; and 2) the City's liability here turns on issues of fact that cannot be determined on motion for summary judgment.

Appellate Information

• Decided 02/17/2015
• Published 02/17/2015

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel