According to court documents, Judge Lizette Colon of the New York State Supreme Court in Richmond County (Staten Island), New York, granted the defendants’ motions to have the complaints dismissed on Jan. 13, following a virtual hearing held on Jan. 5.
Gorgia had originally filed suit on 12 causes of action, including defamation, wrongful discharge, sexual harassment, emotional distress, fraud, breach of fiduciary duty, interference with prospective economic advantage, and Title VII discrimination.
He later filed a cross-motion to withdraw the Title VII discrimination, sexual harassment, and defamation causes, and the request was granted by the judge. A request to add additional complaints to the suit for breach of implied contract and breach of the implied covenant of good faith and fair dealing were denied.
Gorgia’s request for the court to permit the late service of the complaint was also denied.
According to the court’s decision, the dismissal of the suit against defendants was granted on multiple grounds, including because the plaintiff failed to provide adequate evidence that the New York court has personal jurisdiction over the NAC and its administrators, since the school’s primary place of business is in Rome, Italy.
“The court’s exercise of jurisdiction over the NAC, Harman, Park, and McDonald would also be improper as it would violate the Due Process Clause of the U.S. Constitution,” Colon wrote in her decision.
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