Randall v. Tod-Nik Audiology, Inc.
The Supreme Court, Bronx County, affirmed an order denying the defendants' motion to dismiss the plaintiff's complaint. The defendants sought dismissal of sexual harassment claims under Executive Law § 296 and Administrative Code of the City of New York § 8-107, arguing the applicability of the Faragher/Ellerth defense. The court rejected this, finding defendants failed to prove that Steven Mohink, president and 50% owner, was not a corporate proxy, thereby making the Faragher/Ellerth defense unavailing. Furthermore, unresolved issues remained regarding potential retaliation, the promptness of corrective action, and the reasonableness of the plaintiff's non-cooperation. The court also denied dismissal of sexual assault, battery, and intentional infliction of emotional distress claims, reiterating that Workers’ Compensation Law exclusivity does not apply to intentional torts committed or authorized by an employer.