Grasso v. Schenectady County Public Library
The plaintiff, an employee of Schenectady County Public Library, commenced an action against the library and two of its employees for sexual harassment, prima facie tort, and intentional infliction of emotional distress, following her termination after a medical leave. Defendants moved to dismiss the complaint, citing the plaintiff's failure to join the County and to serve a notice of claim as required by County Law § 52 and General Municipal Law § 50-i. The Supreme Court denied the motion, leading to this appeal. The Appellate Division held that while General Municipal Law § 50-i does not apply to discrimination claims, County Law § 52, incorporating General Municipal Law § 50-e, does apply to claims against the county-operated library, requiring a notice of claim. Due to the absence of a notice of claim, the claims against the Schenectady County Public Library were dismissed. However, the claims against the individual employees were not dismissed, as the defendants failed to prove the County's duty to indemnify them or that the County was a necessary party.