Justice Anil Singh
Bulletproof Enterprises Inc. was a large horse breeding and racing company owned by defendant Jeffrey, who operated the business from an apartment in Manhattan. Jeffrey’s brother, defendant David, owned a hedge fund and his own horse racing business, which he ran from another apartment in the same building. Jeffrey hired Poolt to work for Bulletproof as a bookkeeper. Poolt worked there for two weeks, after which she alleged that David, who she contended was her boss, sexually harassed her to such an extent that she could not return to work. Poolt brought an action for sexual harassment, constructive discharge, and infliction of emotional distress against the brothers and their respective companies. Poolt asserted, among other things, that she was forced to spend time in David’s apartment as part of her job and was "very offended" by the "large pictures of various naked women" that he had there. The court held that Poolt could not substantiate her claim of constructive discharge and that there was no evidence of any other adverse employment action. The court noted that Poolt was not fired and that she testified that David’s only motivation was to make advances on her, not force her to quit her job.
