The First Department reinstated a police employee’s retaliation claims, finding he plausibly alleged that after complaining about a national-origin comment, he faced retaliatory actions such as a negative evaluation effort, a psychological referral, loss of his gun and shield, and disciplinary charges. The court let him amend those retaliation claims, but it left in place the dismissal of his discrimination, hostile work environment, and whistleblower claims. This matters because it shows retaliation claims can move forward even when other workplace-bias claims do not, if the complaint links protected complaints to concrete actions and close timing.

The case asked whether a condominium could be held liable for alleged sexual harassment by its board president under the New York City Human Rights Law when the plaintiff did not work for the condominium. The First Department dismissed the claim against the condominium, holding that even if the board president acted as its agent, that alone was not enough because the plaintiff was not its employee. This matters because it confirms that, in this setting, employer status is still required for liability.

The First Department largely upheld a defendant’s convictions for second-degree murder and first-degree robbery arising from a fatal robbery, ruling that his question about whether he should have a lawyer was not a clear request for counsel and that the evidence supported the jury’s rejection of his felony-murder defense. The court left the prison sentences in place but vacated the sentencing surcharge and fees, underscoring that suspects must clearly ask for a lawyer to stop questioning.