February 2014

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Imagine your car is stolen. Then imagine getting sued after the thief strikes someone with your stolen car. While this sounds made up – a subplot of a bad comedy, perhaps – it happened to Christopher Bivens. Fortunately for him, the allegations against him were (eventually) dismissed. The case is Alvarez v. Bivens, decided today by the…

Read More Court Affirms Dismissal of Claims Against Owner of Stolen Truck Used in Accident
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In Watson v. Jade Luxury Transp. Corp., the court affirmed the trial court’s decision to set aside the jury’s verdict of no liability and to direct a new trial on the issue of liability. This car accident case illustrates the relationship of the distinct elements of “negligence” and “proximate cause” in a personal injury lawsuit. The…

Read More Jury Verdict in Car Accident Case Properly Set Aside As Inconsistent
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In Garrido v. Puente, the Appellate Division, Second Department held that a pedestrian was not entitled to summary judgment on liability. In this case, “[t]he plaintiff, a pedestrian crossing Bronx River Road at its intersection with Yonkers Avenue, was struck by an automobile operated and owned by the defendant, who was making a left turn…

Read More Pedestrian Not Entitled to Summary Judgment on Liability
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Happy Valentine’s Day! In keeping with what I hope will be a continued practice of keying blog posts to holidays, I present to you the case of Ashok v. Barnhart, 289 F. Supp. 2d 305 (EDNY 2003). In Ashok, plaintiff claimed that she was subjected to retaliation and a hostile work environment based on national…

Read More Allegedly “Humiliating” Valentine’s Day Poster Did Not Support Hostile Work Environment Claim
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In Quinones v. Cornell Univ, 2014 NY Slip Op 00882 [114 AD3d 472] (App. Div. 1st Dept. Feb. 11, 2014), the Appellate Division, First Department affirmed a decision by New York Supreme Court Judge Shlomo Hagler to disallow an untimely motion for summary judgment by defendant. Plaintiff sued Cornell alleging employment discrimination based upon national origin and…

Read More Employment Discrimination Defendant Denied Opportunity to File Untimely Summary Judgment Motion
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In Garcia v Neighborhood Partnership Hous. Dev. Fund Co., Inc., the Appellate Division, First Department modified a lower court’s decision and held that plaintiffs were entitled to summary judgment on liability under Labor Law § 240(1), the so-called “Scaffold Law” (but not with respect to the remaining claims). The court explained the law under Labor Law §…

Read More Foreseeable Building Collapse Results in Summary Judgment for Plaintiffs Under “Scaffold Law” (Labor Law § 240(1))
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If you see a banana peel on the stairs, don’t intentionally step on it. That’s the lesson from Betances v. 470 Audobon Ave. Corp., a recent New York Supreme Court decision. There, the plaintiff slipped on a banana peel and fell down the stairs. He sued, alleging that defendant was negligent in maintaining the staircase, and permitting…

Read More Step Away From the Banana Peel!
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“The greatest enemy of knowledge is not ignorance, it is the illusion of knowledge.” These words, attributed to Stephen Hawking, find application in various fields. They are particularly applicable to a recent New York Post article entitled “NY’s worst law helps lawyers, kills construction”. Written by Rev. Jacques DeGraff, the article attacks NY’s “Scaffold Law” – New York…

Read More The Post’s Misguided Attack on the Scaffold Law
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So-called “at-will” employees in New York can be fired for any reason or no reason (just not an illegal reason, such as discrimination because of a protected characteristic). This rule applies even if, for example, the employer gives verbal assurances of job security. This principle was recently applied in Presler v Domestic & Foreign Missionary Socy.…

Read More Employee’s At-Will Status Precludes Her Claims Against Her Employer
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