United States Second Circuit

In an action claiming that defendant denied plaintiff a promotion based on his race, summary judgment for defendant is reversed where: 1) the record reflected genuine issues of material fact with respect to the failure to promote claim; and 2) the district court, in applying the legal standard governing hostile work environment claims, failed to consider the record evidence in the light most favorable to the plaintiff.

Appellate Information

• Argued 11/19/2008
• Decided 09/08/2009
• Published 09/08/2009

Judges

• SACK, Circuit Judge:, Before: STRAUB, SACK, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Arthur Z. Schwartz, Schwartz, Lichten & Bright, P.C., New York, NY, for Appellant.


• For Appellees:
  
• Fay Ng (Pamela Seider Dolgow, Eric Eichenholtz, Michael A. Cardozo, Corporation Counsel of the City of New York, of counsel), New York, NY, for Appellees.