March 29, 2014 – Pospis Law, PLLC

March 29, 2014 by mjpospis

Court Affirms Dismissal of Sidewalk Trip-and-Fall Case Under NYC Sidewalk Law’s “Residential” Exemption

In Meyer v. City of New York, the Appellate Division, Second Department affirmed the dismissal of plaintiff’s trip-and-fall personal injury suit against defendant real property owners. Defendants moved for summary judgment “on the ground that, under section 7-210 of the Administrative Code of the City of New York (hereinafter the Sidewalk Law), they were not…

Diabetic Plaintiff’s Disability Discrimination Complaint Survives Motion for Judgment on the Pleadings

In Zavala v. Cornell University, the U.S. District Court for the Northern District of New York recently denied defendant’s Federal Rule of Civil Procedure 12(c) motion for judgment on the pleadings on plaintiff’s disability discrimination claims under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. Plaintiff, who suffers from diabetes, worked as a network technician for…