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.
Read Aulicino v. N.Y. City Dep’t of Homeless Servs., No. 06-5605
Appellate Information
Argued: November 19, 2008
Decided: September 8, 2009
Judges
Opinion by Judge Sack
Counsel
For Appellant:
Arthur Z. Schwartz, Schwartz, Lichten & Bright, P.C., New York, NY
For Appellees:
Fay Ng, Corporation Counsel of the City of New York, New York, NY
Pamela Seider Dolgow, Corporation Counsel of the City of New York, New York, NY
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