MARTINEZ v. TRIANGLE MAINTENANCE CORP

ORDERED that the appeal by the defendant Triangle Aviation Services, Inc., is dismissed, without costs or disbursements, as that defendant is not aggrieved by the part of the order appealed from (see CPLR 5511); and it is further,

ORDERED that the order is reversed insofar as appealed from by the defendants Triangle Services, Inc., and Nazir Parvaiz, on the law, with costs, and those branches of the motion which were for partial summary judgment dismissing the causes of action pursuant to Executive Law § 296 et seq. insofar as asserted against those appellants are granted.

Contrary to the plaintiff's contention, the defendants Triangle Services Inc., and Nazir Parvaiz (hereinafter the defendants) acted appropriately when confronted with her complaints of sexual and religious harassment. There is no evidence that the defendants encouraged, condoned, or approved the alleged conduct (see Matter of State Div. of Human Rights v. St. Elizabeth's Hosp., 66 N.Y.2d 684, 687; Hendricks v. 333 Bayville Ave. Rest. Corp., 260 A.D.2d 545, 546). Further, the defendants established that they took appropriate remedial action, especially in light of the plaintiff's lack of cooperation in their attempts to investigate her complaints (see Hendricks v. 333 Bayville Ave. Rest. Corp., supra; Spoon v. American Agriculturalist, 120 A.D.2d 857). Additionally, since the plaintiff failed to demonstrate that the temporary change in her duties was disadvantageous to her (see Pace v. Ogden Servs. Corp., 257 A.D.2d 101; cf. Matter of Electchester Hous. Project v. Rosa, 225 A.D.2d 772) or that the restriction on her entry into the warehouse was based on a "subjective retaliatory motive" (Matter of Pace Univ. v. New York City Commn. on Human Rights, 85 N.Y.2d 125, 128), the cause of action based on retaliatory action (see Executive Law § 296) should also have been dismissed.

SMITH, J.P., GOLDSTEIN, FRIEDMANN and McGINITY, JJ., concur.