2:24-cv-06647•Giardina v. Knickerbocker Group, LLC
Testo completo
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------X SABRINA GIARDINA, Plaintiff, -against- KNICKERBOCKER GROUP, LLC, Defendant. REPORT AND RECOMMENDATION 24-CV-6647 (JMA)(SIL) ---------------------------------------------------------------X STEVEN I. LOCKE, United States Magistrate Judge: Presently before the Court in this employment disability discrimination case is Defendant Knickerbocker Group, LLC’s (“Defendant” or “Knickerbocker”) motion to dismiss Plaintiff Sabrina Giardina’s (“Plaintiff” or “Giardina”) Amended Complaint for failure to state a claim pursuant Federal Rule of Civil Procedure 12(b)(6). See Docket Entry (“DE”) [35]. By way of a Complaint dated September 20, 2024, Plaintiff commenced this action seeking damages for: associational discrimination under the American Disability Act (“ADA”) and New York State Human Rights Law (“NYSHRL”); retaliation pursuant to the ADA and NYSHRL; and negligent supervision and training. See DE [1]. Plaintiff amended the Complaint on April 28, 2025, withdrawing her NYSHRL associational discrimination and negligent supervision and training causes of action. See Amended Complaint (“Am. Compl.”), DE [24]. Defendant filed the instant motion to dismiss on July 11, 2025, which Plaintiff opposes. See DEs [35]-[39]. On October 21, 2025, Judge Azrack referred Defendant’s motion to this Court for a Report and Recommendation. For the reasons set forth Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 1 of 13 PageID #: <pageID>
2 herein, the Court respectfully recommends that Defendant’s motion be denied in its entirety. I. BACKGROUND Unless otherwise noted, the following facts are taken from Plaintiff’s Amended Complaint and are accepted as true for purposes of this motion. A. Relevant Facts Plaintiff and her husband, Michael Giardina (“Michael”), are former employees of Knickerbocker, a limited liability company with its principal place of business in Oyster Bay, New York. Am. Compl. ¶¶ 8, 23, 35. The nature of Knickerbocker’s business is unclear. Plaintiff Giardina began working for Defendant in July 2011 as a part-time house assistant and was promoted to head house manager in September 2011. Id. at ¶ 12. As head house manager, Giardina’s responsibilities included mobilizing the staff to satisfy the personal needs of James Dolan (“Dolan”), Plaintiff’s direct supervisor, and Dolan’s family, as well as hiring and firing supporting employees. Id. at ¶¶ 9, 13, 15. At an unspecified time, Dolan allegedly directed Giardina to refrain from hiring anyone with a disability. Id. at ¶ 15. While Plaintiff was concerned that Dolan’s directive was illegal, she felt that she was unable to file an internal complaint because Knickerbocker did not employ human resource personnel at the time she sought make a report. Id. at ¶17. Michael started working for Defendant in 2008 as an assistant property manager. Id. at ¶11. In August 2020, Michael sustained severe spinal and shoulder injuries while removing a tree as part of his job responsibilities. Id. at ¶ 19. The accident substantially impaired his mobility. Id. After seeking medical attention for Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 2 of 13 PageID #: <pageID>
3 his injuries Plaintiff’s husband was placed on bedrest for 72 days, resulting in him filing for worker’s compensation. Id. ¶ 20. Once a doctor provided Michael with clearance to perform light duty responsibilities, he returned to work. Id. at ¶ 21. After his return, an unspecified employee warned Plaintiff that Dolan’s wife, Kristin (together with Dolan, the “Dolans”) planned to “retire” Michael because he is “always in so much pain.” Id. at ¶ 22. In October 2021, just one month after Plaintiff received the warning, Michael’s employment was terminated and the Dolans claimed that they had phased out his position. Id. at ¶ 23. After Michael’s termination Giardina observed that Knickerbocker employees began treating her differently. Id. at ¶ 25. Routine communication between Plaintiff and her staff ceased. Id. For example, prior to Michael’s termination, Giardina was kept fully abreast of Dolan’s daily schedule so she could assign staff to assist him with various tasks. Id. at ¶ 27. But after Michael was fired the staff withheld Dolan’s schedule, making it increasingly difficult for Plaintiff to perform her responsibilities. Id. at ¶¶ 26, 27. Further, vendor presence on the Dolans’ property typically required Giardina’s approval. Id. at ¶ 31. After Michael’s termination however, Knickerbocker’s staff allowed vendors onto the property without her knowledge. Id. Giardina was convinced that she was being set up to fail. Id. At an unspecified time after Michael was fired, an unnamed Knickerbocker staff member told Plaintiff that Dolan directed his employees to avoid communicating with her following her husband’s termination. Id. at ¶ 32. Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 3 of 13 PageID #: <pageID>
4 On January 5, 2022, Giardina sent an email to the Dolans expressing her concern with being excluded from work-related communications since Michael’s termination (the “Email”). Id. at ¶ 34 & Decl. of Kenneth A. Novioff, DE [35], Ex. A (email complaining “I was unincluded [sic] from meetings, emails and text messages that were pertinent to my job. . . . I started asking why I was not being included in meetings that I normally would have been a part of. . . . I wasn’t sure if you were waiting for me to leave the position to make it easier on you[.]”). Plaintiff viewed these changes as discriminatory due to her association with her disabled husband. Am. Compl. ¶ 34. On January 7, 2022, Plaintiff was terminated due to her January 5 Email. Id. at ¶ 35. During their January 7, 2022 termination conversation, Dolan told Giardina that “there was a period we couldn’t talk to you because we didn’t finish our agreement with [Michael].” Id. B. Procedural Background Plaintiff commenced this action on September 20, 2024, and amended her Complaint on April 28, 2025. See DEs [1],[24]. In the Amended Complaint, Giardina alleges three causes of action for: (i) associational discrimination under the ADA; (ii) retaliation pursuant to the ADA; and (iii) retaliation under the NYSHRL. See generally Am. Compl. Plaintiff seeks punitive and exemplary damages, legal costs and attorneys’ fees. See id. Demand for Relief ¶ c. Defendant moves to dismiss the Amended Complaint pursuant to Rule 12(b)(6). On October 21, 2025, the district judge referred Defendant’s motion to this Court for a Report and Recommendation. II. LEGAL STANDARD A. Fed. R. Civ. P. 12(b)(6) Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 4 of 13 PageID #: <pageID>
5 In order to survive a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), a complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 1960 (2007)). A claim is considered plausible on its face “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft, 556 U.S. at 678, 129 S. Ct. at 1949. In deciding a motion to dismiss, a “[c]ourt must accept all factual allegations in the complaint as true and draw all inferences in the non-moving party’s favor.” Medina v. City of New York, No. 20-CV-0797 (VEC), 2021 WL 1700323, at *2 (S.D.N.Y. Apr. 29, 2021) (quoting Johnson v. Rowley, 569 F.3d 40, 44 (2d Cir. 2009)). In deciding a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), the court’s consideration is limited to: (1) the factual allegations in the complaint, which are accepted as true; (2) documents attached to the complaint as an exhibit or incorporated . . . by reference; (3) matters of which judicial notice may be taken; and (4) documents upon whose terms and effect the complaint relies heavily, i.e., documents that are “integral” to the complaint. Applied Energetics, Inc. v. Gusrae Kaplan Nusbaum PLLC, No. 21-CV-382 (DF), 2022 WL 956119, at *9 (S.D.N.Y. 2022) (citing Calcutti v. SBU, Inc., 273 F. Supp. 2d 488, 498 (S.D.N.Y. 2003) (internal citation omitted)). III. DISCUSSION In the instant motion, Defendant argues that Plaintiff’s (i) associational disability discrimination and her (ii) retaliation causes of actions fail to state a claim for which relief can be granted. See generally Defendant Knickerbocker Group LLC’s Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 5 of 13 PageID #: <pageID>
6 Memorandum of Law in Support of the Motion to Dismiss, DE [36] (“Def.’s Mem. Law”). Applying the standards outlined above, and for the reasons set forth herein, the Court respectfully recommends that Defendant’s motion be denied. A. Incorporation Into the Amended Complaint by Reference As an initial matter, Defendant attaches a copy of Plaintiff’s Email to its motion and asserts that it is incorporated into the Amended Complaint by reference. See DE [35-1]. The Court agrees. The email is the alleged protected activity that serves as the linchpin for her retaliation causes of action. See Cypress Creek Intermediaries, Inc. v. Westport Ins. Corp., No. 22-CV-3649 (ER), 2023 WL 1779641, at 4 (S.D.N.Y. Feb. 6, 2023) (“A document is incorporated when it is referenced in the complaint or when its terms and effects are relied upon heavily such that it may be considered ‘integral’ to the pleadings.”). Accordingly, the Email is properly considered on a motion to dismiss. B. Associational Disability Discrimination Under the ADA In the Amended Complaint, Giardina pleads that “Defendant discriminated against [her] because of her association with a person known to have a disability in violation of the law [i.e., Michael],” and that she was fired as a result. See Am. Compl. ¶¶ 39, 40. Discrimination against an individual on the basis of a disability includes “excluding or otherwise denying equal jobs or benefits to [her] because of the known disability of [another person] with whom the . . . individual is known to have a relationship or association.” 42 U.S.C. § 12112(b)(4). To state a claim for associational discrimination under the ADA, a plaintiff must allege: Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 6 of 13 PageID #: <pageID>
7 1) that she was qualified for the job at the time of an adverse employment action; 2) that she was subjected to adverse employment action; 3) that she was known at the time to have a relative or associate with a disability; and 4) that the adverse employment action occurred under circumstances raising a reasonable inference that the disability of the relative or associate was a determining factor in the employer's decision. Kelleher v. Fred A. Cook, Inc., 939 F.3d 465, 468 (2d Cir. 2019) (citing Graziadio v. Culinary Inst. of Am., 817 F.3d 415, 432 (2d Cir. 2016)). With regard to the fourth element the Second Circuit recognizes three scenarios that give rise to a “reasonable inference that the disability of the relative or associate was a determining factor in the employer’s decision:” 1) “expense,” in which an employee suffers adverse action because of his association with a disabled individual covered by the employer's insurance, which the employer believes (rightly or wrongly) will be costly; 2) “disability by association,” in which the employer fears that the employee may contract or is genetically predisposed to develop the disability of the person with whom he is associated; and 3) “distraction,” in which the employer fears that the employee will be inattentive at work due to the disability of the disabled person. Reid v. Metro One Loss Prevention Servs. Grp. (Guard Div. NY), Inc., No. 2:23-CV- 6303 (NJC) (ARL), 2025 WL 2533377, at *14 (E.D.N.Y. Sept. 3, 2025) (quoting Graziadio, 817 F.3d at 432). For the purposes of considering a motion to dismiss an associational disability discrimination claim, the Court should, “examine the complaint to determine whether it contains at least minimal support for the proposition that the employer was motivated by discriminatory intent.” See Imhof v. New York City Hous. Auth., No. 23 CV 1880 (JPC), 2024 WL 3376084, at 8* (S.D.N.Y. July 11, 2024) (quoting Kelleher, 939 F.3d at 470). Applying these standards the Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 7 of 13 PageID #: <pageID>
8 Court recommends Defendant’s motion to dismiss Plaintiff’s associational disability discrimination cause of action be denied. Knickerbocker does not dispute that Plaintiff adequately pled the first element of an associational disability discrimination cause of action, i.e. her qualification for the job. See generally Def.’s Mem. Law. The Amended Complaint alleges that Plaintiff was well-qualified for her position, she received a promotion within three months of working for the Dolans, and had an “exceptional performance” record. Am. Compl. ¶ 12. With respect to the second prong, Plaintiff states that she experienced two adverse employment actions following her husband’s termination: (1) that she was excluded from staff communications and meetings where her attendance was necessary to adequately perform her job responsibilities and (2) her termination. See Am. Compl. ¶¶ 26-31, 37. Defendant argues that neither alleged action is sufficient to sustain her associational disability discrimination claim because Plaintiff does not assert experiencing any adverse action when her husband was both employed and disabled; exclusion from communications does not constitute an adverse employment action; and the Amended Complaint fails to include facts suggesting that Plaintiff’s termination is related to her husband’s disability. See Def.’s Mem. Law at 8-11. Under the ADA “[t]o qualify as an adverse employment action, the employer’s action toward the plaintiff must be materially adverse with respect to the terms and conditions of employment.” Davis v. New York City Dep’t of Educ., 804 F.3d 231, 235 (2d Cir. 2015) (internal quotations and citations omitted). It “must be ‘more Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 8 of 13 PageID #: <pageID>
9 disruptive than a mere inconvenience or an alteration of job responsibilities.’” Id. (citing Sanders v. N.Y.C. Human Res. Admin., 361 F.3d 749, 755 (2d Cir.2004)) (stating that materially adverse changes include “termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits [and] significantly diminished material responsibilities”). Initially, Plaintiff’s exclusion from staff communications that were necessary for her to perform duties qualifies as an adverse employment action. See Duplan v. City of New York, 888 F.3d 612, 625 (2d Cir. 2018) (“We have previously recognized significantly diminished material responsibilities as the sort of employment action sufficiently disadvantageous to constitute an adverse employment action”); Smith v. City of New York, No. 1:23-CV-8229 (JLR) (RWL), 2025 WL 1983047, at *9 (S.D.N.Y. June 3, 2025), report and recommendation adopted, 2025 WL 2022534 (S.D.N.Y. July 18, 2025), reconsideration denied,; 2025 WL 2200074 (S.D.N.Y. Aug. 1, 2025) (concluding that “[a]n employer’s rendering an employee unable to carry out their job duties would in all likelihood be considered an adverse employment action.”). Like, Giardina’s exclusion from employee communications, her termination also constitutes an adverse employment action. See Shider v. Allied Universal Sec. Co., No. 21-CV-6425 (LDH) (LB), 2023 WL 2652280, at *4 (E.D.N.Y. Mar. 27, 2023) (“Termination of employment is a quintessential adverse employment action for the purpose of an ADA claim.”). Accordingly, Plaintiff’s pleadings satisfy the second prong. Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 9 of 13 PageID #: <pageID>
10 With regard to the third prong, Giardina alleges that her husband’s injuries qualify him as an individual with a disability under the ADA. See Am. Compl. ¶ 7. 42 U.S.C. §12102(1)(A) defines an individual with a disability as a person with “a physical or mental impairment that substantially limits one or more major life activities.” See id. Michael suffered shoulder and spinal injuries which substantially impaired his mobility and resulted in his doctor placing him on bedrest for 72 days, and required that he be provided accommodations upon his return to work. See Am. Compl. ¶¶ 7, 19, 20. Spinal and back injuries limiting mobility may constitute a disability under the ADA. See Parada v. Banco Indus. De Venezuela, C.A., 753 F.3d 62, 69-70 (2d Cir. 2014) (reversing the district court’s judgment that plaintiff was not disabled as defined under the ADA where she sustained a back injury and was unable to sit for long periods.). Accordingly, Plaintiff adequately alleges that her husband has a disability as defined by the ADA. With respect to the fourth prong, Giardina pleads that her adverse action is directly related to her husband’s disability—an employee told Plaintiff that Dolan directed the staff to avoid communication with her following her husband’s termination. See Am. Compl. ¶ 32. Further, she alleges that the day she was terminated Dolan admitted to her that “there was a period that [I and the staff] couldn’t talk to you because we didn’t finish our agreement with [Michael]” and that at an earlier date Dolan directed Plaintiff to refrain from hiring disabled job candidates. See Am. Compl. ¶¶ 20, 35. These allegations are sufficient to create an inference that the Dolans believed Giardina’s attention to her husband’s disability Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 10 of 13 PageID #: <pageID>
11 was a distraction, and/or that he was concerned about the healthcare-related costs, and Michael’s disability was the determining factor in Plaintiff’s termination. See Kelleher, 939 F.3d at 470 (holding that the complaint satisfies the fourth element of an associational discrimination where plaintiff’s employer told him that “his problems at home were not the company’s problems” and plaintiff was effectively demoted after missing a day of work to care for his daughter). Accordingly, Plaintiff sufficiently pleads her associational discrimination claim, and the Court recommends that Defendant’s motion to dismiss this cause of action be denied. C. Retaliation pursuant to the ADA and the NYSHRL Giardina asserts that Defendant retaliated against her because of her Email where she opposed what she reasonably believed was discriminatory conduct in violation of ADA and the NYSHRL. Am. Compl. ¶¶ 35, 43, 46. The elements of an ADA retaliation claim are that: (1) the plaintiff engaged in protected activity, (2) the decisionmaker knew about the protected activity, (3) an adverse employment action was taken against the plaintiff, and (4) a causal connection exists between the protected activity and the adverse employment action. Tafolla v. Heilig, 80 F.4th 111, 125 (2d Cir. 2023). While many courts treat the ADA and NYSHRL retaliation claims identically, others recognize that the state law claim is more “more generous.” See Nofal v. IMCMV Times Square LLC, 22-CV-3104 (DEH), 2024 WL 1138928, at *10 (S.D.N.Y. Mar. 15, 2024). Thus, if Giardina’s claims satisfy the pleading standards under the ADA, they necessarily satisfy the NYSHRL as well. Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 11 of 13 PageID #: <pageID>
12 Plaintiff pleads that she was fired just two days after emailing the Dolans to complain about her frustration over being excluded from work-related communications after her husband’s termination, see Ex. A, and was advised by a coworker that this was because of his disability. Am. Compl. ¶ 32. On the day of Plaintiff’s termination, Dolan acknowledged the accusations Plaintiff made in her Email stating, “there was a period we couldn’t talk to you because we didn’t finish our agreement with [Michael].” Am. Compl. ¶¶ 34-35. The short timing between the email and the firing is sufficient to support an inference of causation. See Giscombe v. New York City Dep’t. of Educ., 39 F. Supp. 3d 396, 402 (S.D.N.Y. Aug. 12, 2014) (citing Nagle v. Marron, 663 F.3d 100, 111 (2d Cir.2011) (“While we have not ‘drawn a bright line’ defining the maximum time period that can give rise to an inference of causation, six weeks fits comfortably within any line we might draw.”) Accordingly, the Amended Complaint sufficiently pleads Plaintiff’s retaliation causes of action pursuant to the ADA and the NYSHRL, and the Court respectfully recommends that Defendant’s motion to dismiss these claims be denied. IV. CONCLUSION For the reasons set forth above, the Court recommends that Defendant’s motion to dismiss be denied in its entirety. V. OBJECTIONS A copy of this Report and Recommendation is being served on all parties by electronic filing on the date below. Any objections to this Report and Recommendation must be filed with the Clerk of the Court within 14 days, that is by 01/22/2026. See 28 U.S.C. §636 (b)(1); Fed. R. Civ. P. 72; Fed. R. Civ. P. 6(a) and 6(d). Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 12 of 13 PageID #: <pageID>
13 Failure to file objections within the specified period waives the right to appeal the District Court’s order. See Ferrer v. Woliver, No. 05-3696, 2008 WL 4951035, at *2 (2d Cir. Nov. 20, 2008); Beverly v. Walker, 118 F.3d 900, 902 (2d Cir. 1997); Savoie v. Merchants Bank, 84 F.3d 52, 60 (2d Cir. 1996). Dated: Central Islip, New York /s/ Steven I. Locke January 8, 2026 Steven I. Locke United States Magistrate Judge Case 2:24-cv-06647-JMA-SIL Document 41 Filed 01/08/26 Page 13 of 13 PageID #: <pageID>
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.