BROTHERSON v. MODERN YACHTS, INC

ORDERED that the order is affirmed insofar as appealed from, with costs.

A corporate employee may be individually subject to an employment discrimination suit under the Human Rights Law only if he or she has an ownership interest in the corporate employer, or has the authority "to do more than carry out personnel decisions made by others" (Patrowich v. Chemical Bank, 63 N.Y.2d 541, 542). In this case, the Supreme Court properly dismissed the plaintiff's second cause of action insofar as asserted against the defendant Judy Dannewitz. Ms. Dannewitz established her entitlement to judgment as a matter of law. In opposition, the plaintiff failed to come forward with evidence sufficient to raise a triable issue of fact as to whether Ms. Dannewitz had an ownership interest in the corporate defendant or whether she had the requisite authority to be subjected to personal liability (see, Patrowich v. Chemical Bank, supra, at 543-544).

O'BRIEN, J.P., ALTMAN, FRIEDMANN, McGINITY and SMITH, JJ., concur.