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Justice Lawrence Knipel Decided: Nov. 6, 2009 Defendants move pursuant to CPLR 3211 to dismiss the first, second, third and fourth causes of action in the complaint for failure to state a cause of action. In his complaint, plaintiff alleges that he was employed by defendant law firm since May 2000 as a network manager of the computer system, responsible for making sure the operations were working properly. Plaintiff, an orthodox Jew, told the law firm that he had to leave early on Fridays and could not work on the Sabbath or Jewish holidays. Plaintiff came early and stayed late as needed to complete his work. In August 2006, it is alleged, defendant Shari Jackowitz was hired as plaintiff’s supervisor and she took an immediate dislike to plaintiff, moving his office to a small cubicle while an employee who worked under plaintiff was placed in plaintiff’s office. Plaintiff’s title was changed from network manager to systems manager; the new supervisor complained when he took his lunch break; and in December 2006 plaintiff was told to look for a new job. In January 2007 plaintiff, who had never before received a negative evaluation, received a below-average grade. On March 22, 2007, plaintiff’s employment was terminated.

The first cause of action alleged that defendants were harassing plaintiff due to his religious beliefs. They put him in a cubicle, took away his privileges, monitored his phone conversations, and encouraged him not to continue observing his religious tenets. The second cause of action alleged that in violation of State and City Human Rights Laws, defendant Jackowitz tried to make plaintiff leave his job by telling him his performance was below average and telling him maybe religious observance is not for him. The third cause of action alleged that defendant Shechtman, with design to inflict emotional anxiety, invoked a derogatory and demeaning slur, namely “Jewboy,” thereby causing emotional pain and mental anguish. The fourth cause of action alleges that defendant Locker, with design to inflict emotional anxiety, said to plaintiff in a demeaning manner on early Fridays “You’re leaving so early?” The fifth cause of action alleges that as a result of this harassment due to plaintiff’s religion, he suffered emotional distress, anguish and humility and suffered from depression and anxiety, losing interest in working in the field of computers.

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