Lee Ralph Stern v City of New York

Stern v City of New York 2006 NY Slip Op 00015 [25 AD3d 323] January 3, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

Lee Ralph Stern, Respondent,
v
City of New York, Appellant.

—[*1]Order, Supreme Court, New York County (Faviola A. Soto, J.), entered April 28, 2004, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's opposition adduced evidence sufficient to raise an issue of fact as to whether the denial of a promotion for him by defendant City was due to a widespread discriminatory custom in violation of his civil rights (42 USC § 1983; see Davis v City of New York, 75 Fed Appx 827, 829 [2d Cir 2003]). We note defendant did not submit a reply. Concur—Saxe, J.P., Marlow, Williams, Catterson and Malone, JJ.