In Doerr v. Goldsmith, the First Department recently allowed plaintiff’s injury claim, arising from an animal encounter, to proceed on a theory of negligence. In sum, the court held that the focus (at least in cases where an allegation of “vicious propensity” is not advanced) is on the dog’s humans, rather than the dog. Plaintiff…
Read More Court Allows Negligence Claim Against Dog’s Owner to ContinueIn Declercq v. WWP Office LLC, 2013 NY Slip Op 51552(U) (N.Y. Sup. Ct. N.Y. Co. Sept. 24, 2013), the court awarded partial summary judgment to plaintiff on his claim that he was injured after falling from a ladder. The court’s decision provides a good overview of the law under Labor Law § 240(1), and in particular…
Read More Employee Who Fell From Ladder While Cleaning Wins On Liability Under New York Labor Law § 240(1)In Terry v. County of Cayuga, decided Sept. 30, 2013, the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim that she was subjected to retaliation under the Family and Medical Leave Act. Plaintiff, an attorney, was fired the day she returned from her two-week FMLA leave. The FMLA entitles…
Read More FMLA Retaliation Claim Continues, Despite “Extensive Evidence” of Performance IssuesIn a recent rear-end collision case, Neat v. Pfeffer, Supreme Court, New York County (Judge Bluth) allowed defendant’s expert Dr. Fijan, a biomechanical engineer, to testify “as to the forces involved in the accident” but not “as to whether those forces could have caused plaintiff’s injuries.” The court reached this determination following a so-called Frye hearing to…
Read More Biomechanical Expert Permitted to Testify as to Forces, But Not InjuriesThe New York City Council recently (and unanimously) passed the Pregnant Workers Fairness Act, which will broaden the New York City Human Rights Law to include enhanced protections for pregnant workers. (You can read more about the new legislation on the City Council’s website; Think Progress also summarizes it here.) The New York City Human Rights Law…
Read More New York City Council Passes “Pregnant Workers Fairness Act”