November 2011

In Zutrau v. Ice Systems, Inc., the Supreme Court, Suffolk County dismissed plaintiff’s “quid pro quo” sexual harassment claim. Plaintiff – the entity defendant’s executive vice president – asserted numerous claims, both individually and derivatively, against the entity defendant and Jansing, its president and majority shareholder. The court explained the law as follows: To make out…

Read More Court Rejects “Quid Pro Quo” Sexual Harassment Claim Where Plaintiff was Fired After Rebuffing Ex-Lover’s Attempt to Rekindle Relationship
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In Wilinski v. 334 East 92nd Housing Development Fund Corp., 2011 NY Slip Op 07477 (Oct. 25, 2011), the New York Court of Appeals vitiated the so-called “same level” rule that had embedded itself in New York Labor Law § 240(1) jurisprudence, and construed a Labor Law § 241(6)-triggering regulation. P, who was engaged in the demolition of…

Read More Court of Appeals Repudiates Labor Law § 240(1) “Same Level” Precedent and Construes a Labor Law § 241(6)-Triggering Regulation
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On November 14, 2011, two railroad enthusiasts/photographers – Ernest Steve Barry and Michael Burkhart – filed a lawsuit (Barry v. City of New York, 11-cv-5533 (EDNY filed 11/14/11)) in Brooklyn federal court alleging that in August 2010 they were detained and issued summonses for violating MTA Rules regarding the production of identification upon demand (21 NYCRR 1050.6(d)(3))…

Read More Subway photographers file federal suit following summonses for taking subway pictures and failing to produce identification
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NY Supreme Court Judge Michael Stallman today issued an order denying a petition for a temporary restraining order prohibiting the city from, inter alia, evicting the OWS protesters from Zuccotti Park and enforcing the park’s owners’ rules. The court found that the rules – which prohibited, inter alia, “camping and/or the erection of tents or other structures” and…

Read More Judge denies Occupy Wall Street application for TRO to prevent NYC from evicting protesters from Zuccotti Park
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On November 8, 2011, the United States sued law firm Larkin, Axelrod, Ingrassia & Tetenbaum LLP and partner John Ingrassia under Title III of the Americans with Disabilities Act.  Plaintiff alleged that on at least three occasions, the law firm prevented its ADA-disabled client, Lauren Klejmont, from entering the law firm’s premises with her service animal,…

Read More U.S. sues law firm for prohibiting disabled client from entering premises with service dog
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On October 29, 2011, a Bronx building collapsed, resulting in the death of 51 year-old construction worker Muhamed Kebbeh.  It is believed that the two-story commercial building’s collapse was due to the failure of about a dozen pillars in the basement.  The workers there were apparently engaged in an “active demolition” of the building when…

Read More Construction Worker Killed in Building Collapse
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