A Plaintiff represented by Morelli Law Firm, LLP received a positive result today when the Supreme Court, New York County, rejected the Defendants’ Motion to Dismiss multiple causes of action his Complaint. Plaintiff sued Town Sports International Holdings, Inc., the parent company of New York Sports Club, and various club employees for violations of the New York State Human Rights Law, New York City Human Rights Law, assault, battery, intentional infliction of emotional distress, false imprisonment, negligent hiring, negligent retention, and negligent supervision.
The Plaintiff, a gay man and member of the New York Sports Club in Midtown East complained that during a post-workout sauna session he became the victim of discrimination based on sexual orientation.
The Plaintiff alleges that another Defendant, an employee of the gym, entered the sauna and screamed homophobic slurs directed at the Plaintiff, while a second Defendant employee who was standing outside joined in the verbal abuse by yelling through the sauna window.
The Defendants allegedly then chased the Plaintiff throughout the gym, threatening physical abuse and refusing to let him leave for allegedly breaching the gym policy that prohibits sexual activity on the premises.
The Court rejected the Defendants’ Motion to Dismiss the case in its entirety. As a result, all of Plaintiffs’ causes of action survive and Morelli Law Firm will continue to fight to seek justice for its client.
You can view the decision here.