Cioffi v. New York Community Bank

• Decision Date: 18 December 2006
• Docket Number: No. CV 04-2527(ADS).,CV 04-2527(ADS).
• Parties: Rose CIOFFI, Plaintiff, v. NEW YORK COMMUNITY BANK, Defendant.
• Court: U.S. District Court — Eastern District of New York

465 F.Supp.2d 202

Rose CIOFFI, Plaintiff, v. NEW YORK COMMUNITY BANK, Defendant.

No. CV 04-2527(ADS).

United States District Court, E.D. New York.

December 18, 2006.

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Raymond Nardo, Esq., Mineola, NY, for Plaintiff.

Nixon Peabody, LLP, Garden City, NY by Joseph T. Ortego, Esq., James P. O'Brien, Jr., Esq., Christopher G. Gegurch, Esq., for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Following a jury trial and verdict, the defendant New York Community Bank (the "defendant" or the "NYCB" or the "Bank") moves for (1) judgment as a matter of law pursuant to Federal Rule of Civil Procedure (Fed.R.Civ.P.) 50(a), and (2) judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b), or in the alternative, for a new trial and/or remittitur of the jury's award of punitive damages, pursuant to Fed.R.Civ.P. 59.

In addition, the plaintiff has moved for an order, (1) pursuant to 42 U.S.C. § 1988 for counsel fees, (2) pursuant to 28 U.S.C. § 1961 for prejudgment interest, and (3) pursuant to Fed.R.Civ.P. 15 to amend the caption.

The Court will address each of these motions in order.

I. BACKGROUND

The plaintiff Rose Cioffi (the "plaintiff or "Cioffi") was employed in April 2001 by NYCB as a Help Desk Manager in the Bank's Information Technology ("IT") Department. In her amended complaint, and at the trial, Cioffi claims to have been sexually harassed by Kenneth Yarmosh, a consultant in the Bank's IT Department who later became her supervisor. As a result of this perceived conduct by Yarmosh, on November 22, 2002, Cioffi made a complaint of sexual harassment to Jo-Anne Camacho, a Vice President in the Bank's Human Resources Department. She made a second complaint on December 2, 2002. After those complaints, Cioffi contends that the Bank took every opportunity to make her workplace unpleasant and intolerable and compelled her to resign her position with the Bank on January 27, 2003.

Two causes of action were presented to the jury under Title VII and the New York Human Rights Law: (1) female gender discrimination in the form of sexual harassment and a hostile work environment; and (2) retaliation leading to her constructive discharge. The jury rendered a verdict in which it found in favor of the Bank on the sexual harassment-hostile work environment cause of action. In addition, the jury found in favor of Cioffi on the retaliation-constructive discharge cause of action and awarded her $125,000 for back pay and $195,000 in punitive damages. These motions followed.

II. AS TO THE DEFENDANT'S RULE 50 MOTIONS

A. The Standards

Under the provisions of Fed.R.Civ.P. 50(a) a motion for judgment as a matter of law may be made at any time "before submission of the case to the jury." Counsel for the Bank did make a Rule 50(a) motion prior to the submission of the case to the jury and it was denied. The Bank is now renewing that Rule 50(a) motion.

However, the Court will determine the Rule 50(a) motion at the same time as its decision concerning the Rule 50(b) motion which is more properly before the Court following the verdict.

In pertinent part, Rule 50(b) provides as follows:

(b) Renewing Motion for Judgment After Trial;

Alternative Motion for New Trial. If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment—and may alternatively request a new trial or join a motion for a new trial under Rule 59. In ruling on a renewed motion, the court may:

(1) if a verdict was returned:

(A) allow the judgment to stand,

(B) order a new trial, or

(C) direct entry of judgment as a matter or law.

A district court may not grant a judgment as a matter of law unless "the evidence is such, that without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable [persons] could have reached." Cruz v. Local Union No. 3 Int'l Bhd. of Elec. Workers, 34 F.3d 1148, 1154-55 (2d Cir.1994) (quoting Simblest v. Maynard, 427 F.2d 1, 4 (2d Cir.1970)). Weakness of the evidence does not justify judgment as a matter of law; as in the case of a grant of summary judgment, the evidence must be such that a reasonable juror would have been compelled to accept the view of the moving party. See Fairbrother v. Morrison, 412 F.3d 39, 48 (2d Cir.2005); This Is Me, Inc. v. Taylor, 157 F.3d 139,142 (2d Cir.1998).

Stated somewhat differently, we are "required to `consider the evidence in the light most favorable to the party against whom the motion was made and to give that party the benefit of all reasonable inferences that the jury might have drawn in his favor from the evidence.'" Tolbert v. Queens Coll., 242 F.3d 58, 70 (2d Cir.2001) (quoting Smith v. Lightning Bolt Prods., Inc., 861 F.2d 363, 367 (2d Cir. 1988)). A court evaluating such a motion "cannot assess the weight of conflicting evidence, pass on the credibility of the witnesses, or substitute its judgment for that of the jury." Id. at 70 (quoting Smith, 861 F.2d at 367); Black v. Finantra Capital, Inc., 418 F.3d 203, 209 (2d Cir.2005).

Finally, the Court is mindful that motions pursuant to Rule 50 "should be cautiously and sparingly granted." 9 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2524 (2d ed.1994). "[W]e may reverse the district court only if there is such a complete absence of evidence supporting the verdict that the jury's findings could only have been the result of sheer surmise and conjecture, or [there is] such an overwhelming amount of evidence in favor of the movant that reasonable and fair minded [jurors] could not arrive at a verdict against [him]." Nimely v. City of Neiv York, 414 F.3d 381, 390 (2d Cir.2005).

B. As to the Proof of "Constructive Discharge"

In the retaliation cause of action the Court charged the jury that the plaintiff was required to prove that: (1) she engaged in protected activity opposing discrimination; (2) the Bank was aware of that activity; (3) she suffered an adverse employment action; and (4) there was a causal connection between the protected activity and the adverse action.

The Court instructed the jury that plaintiff had established the first two elements of her retaliation claim; namely, that she participated in protected activity opposing discrimination when she made her November 22, 2002 and December 2, 2002 complaints to Ms. Camacho, and NYCB was aware of these complaints. With respect to the third element of her retaliation claim, that plaintiff suffered an adverse employment action, the Court instructed the jury that "[t]he contention of the plaintiff is that the adverse employment decision was her constructive discharge on January 27, 2003." In sum, in order to find that NYCB had retaliated against Cioffi, the jury had to find that Cioffi established that she was constructively discharged. The jury did so find. The defendant contends that there was no legally sufficient evidence that would permit a reasonable jury to find in plaintiffs favor that she was constructively discharged, requiring dismissal of the sole claim on which the plaintiff prevailed. The Court disagrees.

The legal definition of a "constructive discharge" is well-defined in the Second Circuit cases. As set forth in Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 73 (2d Cir.2000): "Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that forces an employee to quit involuntarily. Working conditions are intolerable if they are so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign."See also Ferraro v. Kellwood Co., 440 F.3d 96, 101 (2d Cir.2006) ("A plaintiffs claim for constructive discharge requires the plaintiff to prove that her employer deliberately and discriminatorily created work conditions 'so intolerable that a reasonable person in the employee's position would have felt compelled to resign.' Pa. State Police v. Suders, 542 U.S. 129, 141, 124 S.Ct. 2342, 159 L.Ed.2d 204 (2004). Upon that showing, the employee's decision to resign `is assimilated to a formal discharge for remedial purposes.'"); Kirsch v. Fleet Street, Ltd., 148 F.3d 149, 161 (2d Cir.1998) (same).

Stating the rule on constructive discharge is relatively simple because it is generally accepted in all the cases. However, it is the practical application of the rule in actual everyday life in the workplace, which forms the basis for such a determination. As set forth in a major decision in this field, Chertkova v. Connecticut General Life Insurance Co., 92 F.3d 81, 90 (2d Cir.1996), in some cases it is the cumulative effect of adverse conditions, which when taken singly, would not suffice to make out a constructive discharge. In Chertkova, this important portion of the rule was clearly set forth:

It is true that if only one of the work conditions enumerated by the district court were present, it might not be enough to demonstrate constructive discharge. Certain factors, standing alone, are legally insufficient to support constructive discharge. See, e.g., Stetson, 995 F.2d at 360 (dissatisfaction with assignments; employee's perception of undue criticism or excessive monitoring; difficult or unpleasant conditions); Pena, 702 F.2d at 325 (disagreement with work plan). But the effect of a number of adverse conditions in the workplace is cumulative. A constructive discharge occurs if a reasonable person subjected to the same conditions as the plaintiff would have...