2013

In Caronia v. Philip Morris USA, Inc., decided December 17, 2013, the New York Court of Appeals addressed the following question: Under New York Law, may a current or former longtime heavy smoker who has not been diagnosed with a smoking-related disease, and who is not under investigation by a physician for such a suspected…

Read More New York Court of Appeals Refuses to Create New Cause of Action for “Medical Monitoring”
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In Noon v. IBM, the Southern District of New York recently ruled against defendant on plaintiff’s discrimination, failure-to-accommodate, and retaliation claims under the Americans with Disabilities Act of 1990 (ADA). Plaintiff sued her employer, International Business Machines (IBM), for violations of the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who began working for IBM in…

Read More Disability Discrimination Case Against IBM Continues
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Below and here is the complaint filed by teacher Gregory Kenney against Trinity School, Pat Krieger, and Ann Gravel seeking relief under the New York State and City Human Rights Laws. The lawsuit is captioned Kenney v. Trinity School et al, NY Supreme Court, Index No. 161600-2013. Plaintiff – a “heterosexual, married male with three young children”…

Read More “Reverse” Discrimination Case Against Heterosexual Teacher
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In Anastasiya M. v New York City Bd. of Educ., decided December 4, 2013, the Appellate Division, Second Department reversed a summary judgment for defendant in a case arising from a gym-class injury. Plaintiffs sued “after the infant plaintiff allegedly was injured during a school gym class when she fell while walking backwards in an accelerated…

Read More Gym Class Injury Case Survives Summary Judgment
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A case decided by the First Department today, Dillard v. New York City Housing Authority, illustrates the circumstances under which the element of proximate cause may be resolved as a matter of law.  The court reversed a summary judgment for defendant, finding an issue of fact as to plaintiff’s comparative negligence. Here: Plaintiff, a resident…

Read More Plaintiff Was Not Sole Proximate Cause of Slip and Fall on Snow/Ice-Covered Steps
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In Madera v. Target Corp., the Southern District of New York denied defendant Target Corporation’s motion for summary judgment.  Plaintiff sued after slipping and falling on a puddle of water in one of defendants’ stores. While ordinarily personal injury suits are brought in state court, here the defendant removed the case to federal court on…

Read More Slip and Fall Case Continues; Store’s Announcement 30 Minutes Prior to Fall Suggested That Store Had Notice of Defective Condition
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In Scafe v. Schindler Elevator Corp., the Appellate Division, First Department affirmed the denial of summary judgment for defendant. Plaintiff sued for injuries sustained when elevator doors slammed on her hand. Summary judgment has been described as the procedural equivalent of a trial. “On a motion for summary judgment, the movant bears the burden of adducing affirmative…

Read More Elevator Accident Personal Injury Case Survives Summary Judgment
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In Serdans v. New York Presbyterian Hospital, the Appellate Division, First Department permitted plaintiff’s claim that defendant failed to accommodate her disability to continue. Plaintiff, a registered nurse and nurse practitioner specializing in critical care, “suffers from a neurological disorder for which she was treated with deep brain stimulus (DBS) through electrodes permanently implanted in…

Read More Court Allows Failure to Accommodate Neurological Disability Claim to Continue
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In Auqui v Seven Thirty One Ltd. Partnership, decided December 10, 2013, the New York Court of Appeals (the state’s highest court) held that the determination by the Workers’ Compensation Board that plaintiff had “no further causally-related disability since January 24, 2006” and no further need for treatment was not entitled to collateral estoppel effect in…

Read More Court of Appeals Declines, in Negligence Case, to Give Collateral Estoppel Effect to Workers’ Compensation Board Finding
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