ESQ HQNEW YORK LAW WATCH

Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04568

Gianna T. D. v 64 W. Chippewa Assoc. LLC

Read the official decision: 2026 NY Slip Op 04568

This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.

Holding The court modified the lower court’s order to reinstate multiple causes of action, including claims for battery and NYSHRL violations against the employer and manager, finding that the plaintiff raised triable issues of fact regarding her physical helplessness and the defendants’ participation in the alleged harassment and assault.

The court’s words

CPLR 213-c does not create a cause of action where none otherwise exists

2026 NY Slip Op 04568, at the official text

one need not be comatose or unconscious to be unable to consent due to being physically helpless

2026 NY Slip Op 04568, at the official text

Requiring plaintiff to provide direct evidence that she had been drugged fails to consider the inherently surreptitious nature of the crime

2026 NY Slip Op 04568, at the official text

A plaintiff's NYSHRL claims are sustainable against a sole owner as an employer when the owner was a perpetrator of the discriminatory conduct

2026 NY Slip Op 04568, at the official text
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04568
Area of lawCivil Rights and Constitutional Law · Personal Injury and Negligence · Employment and Discrimination
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04568
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id254

Recommended citation

ESQ HQ, New York Law Watch, Gianna T. D. v 64 W. Chippewa Assoc. LLC, 2026 NY Slip Op 04568 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04568/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published July 24, 2026. Updated November 14, 2026.