A Manhattan judge has tossed out a lawsuit charging that the state Assembly turned a blind eye to Vito Lopez’ sexual harassment.
In a ruling Tuesday, Manhattan Supreme Court Justice Joan Kenney found there was no evidence that the Assembly was involved in “aiding and abetting” the pervy ex-pol, and dismissed the suit by two of Lopez’ alleged victims.
Victoria Burhans, 28, and Chloe Rivera, 25, claim Lopez used his office “to commit egregious acts of sexual harassment” against them when they were working for him in 2012.
The harassment included “unwanted physical contact, unwanted sexual advances, and incessant comments about their bodies, clothing and appearance,” court papers say.
The alleged incidents happened after Lopez and the state Assembly had secretly settled two other complaints against him for $135,000.
Lopez resigned in 2013, after the Joint Commission on Public Eithics issued a bombshell report finding he’d groped, harassed and tormented at least eight female staffers, including Burhans and Rivera, since 2010.
Lopez, 72, has denied harassing the pair.
Kenney’s decision found the Assembly couldn’t be held responsible as their “employers” because there’s no reason to believe “that any of the other 149 Assemblymembers had the authority to hire or fire” them.
Burhans and Rivera’s lawyer, Kevin Mintzer, said, “The Assembly and the state of New York were without question” his client’s employers, and he plans on submitting additional filings to change the judge’s mind.
The women’s pending suit against Lopez and Assembly Speaker Sheldon Silver in Manhattan federal court is not affected by the ruling.
