Court Upholds Jury’s Sexual Harassment Verdict for Plaintiff Against Montefiore

In Madrigal v Montefiore Med. Ctr., No. 12306, 2020-00608, 307949/10E, 141 N.Y.S.3d 46, 2021 N.Y. Slip Op. 00526, 2, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld a jury verdict in plaintiff’s favor on her claim of hostile work environment sexual harassment:

[W]e conclude that plaintiff’s testimony that defendant Frantz Terlonge lewdly suggested that she sit on his lap, and that a few days later, while plaintiff was reaching into the breakroom refrigerator, he approached her from behind, wedged himself against her, and rubbed his penis against her backside, amply supported her claim of sexual harassment and gender discrimination. Based on that evidence, we cannot say that “there is no rational process by which” the jury could have found in favor of plaintiff.

The court also concluded that punitive damages were warranted, noting evidence “of a sustained campaign of malicious discrimination, as well as a painful and humiliating battery, which collectively amounted to a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.” [Internal quotation marks omitted.]

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