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Ortegas v. G4S Secure Solutions (USA) Inc.
Citations: 2017 NY Slip Op 9262; 156 A.D.3d 580; 65 N.Y.S.3d 693Docket: 5302
Court: Appellate Division of the Supreme Court of the State of New York; December 27, 2017; New York; State Appellate Court
Original Court Document: View Document
Victoria Ortegas filed a lawsuit against G4S Secure Solutions (USA) Inc., claiming discrimination. The Appellate Division, First Department, upheld the dismissal of her complaint, deciding on December 28, 2017, that her discrimination claims were time-barred due to the terms of her employment application. The application explicitly shortened the statute of limitations for her claims to six months, a provision that Ortegas did not contest for enforceability nor did she present evidence that could alter this outcome. The court found that the employment application "utterly refutes" her claims, rendering the defendants' defense conclusive as a matter of law. Ortegas' assertions of unconscionability regarding the employment application were deemed insufficient. The court noted that to prove unconscionability, both procedural and substantive elements must be satisfied, which Ortegas failed to do. Specifically, a six-month limitation period for employment claims was ruled as reasonable by New York courts. Additionally, her allegations did not support claims of procedural unconscionability. Finally, the court rejected her arguments that the lower court improperly converted the motion to dismiss into one for summary judgment without notice, concluding that these claims were also without merit. The judgment from the Supreme Court, Bronx County, was unanimously affirmed without costs.