May 2015

Here is the federal court complaint filed by Philippa Okoye against her employer deVere Group on May 18, 2015. She alleges hostile work environment sexual harassment, gender discrimination, associational race discrimination (in light of her husband, Lawrence Okoye’s, race), religion-based discrimination, and retaliation under the New York City Human Rights Law.

Read More Philippa Okoye’s Employment Discrimination Lawsuit Against DeVere Group
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In Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human…

Read More Psoriasis-Suffering Plaintiff Suffiiently Pleads Disability Discrimination
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In Daniel v. AutoZone, Inc. (NDNY May 6, 2015), the Northern District of New York denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims against the individual defendants under 42 USC 1981 and the New York State Human Rights Law. Here is the applicable law: [A]n individual defendant may be liable under section 1981.…

Read More Hostile Work Environment Claims Under 42 USC 1981 and State Human Rights Law Continue
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In Gewirtz v. New York City Dept. of Educ., 2015 NY Slip Op 50713(U) (NY Sup. Qns. Cty. May 4, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination (failure to accommodate) and retaliation claims under the New York State Human Rights Law (SHRL) and New York City Human Rights Law (CHRL).…

Read More Teacher’s Disability Discrimination (Failure to Accommodate) and Retaliation Claims Continue
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In Bisignano v. Raabe (App. Div. 2nd Dept. May 13, 2015) – a personal injury case arising from injuries sustained by the infant plaintiff who was punched and kicked by two teenage boys while attending a fair at St. Rose of Lima Church – the court reversed summary judgment for defendants. Here is the law applicable to this…

Read More Defendants Denied Summary Judgment in Personal Injury Case Arising From Fight at Church Fair
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In Hermitage Ins. Co. v. Beer-Bros, Inc. of NYC (a personal injury/premises liability case), the Supreme Court, NY County (in an opinion by Judge Braun) held in a decision dated May 12, 2015 that a bar/restaurant’s insurer was not obligated to defend or indemnify the bar under the “assault and battery” exclusion in the applicable insurance policy.…

Read More “Assault and Battery” Insurance Policy Exclusion Applies Where Bystander Was Injured by Bar’s Bouncer
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In Strojek v. 33 E. 70th St. Corp. (App. Div. 1st Dept. May 14, 2015), a personal injury / construction accident case, the Appellate Division, First Department unanimously affirmed partial summary judgment on the issue of liabilty for plaintiff on his Labor Law § 240(1) cause of action. The court held: Plaintiff established his entitlement to judgment as a matter of…

Read More Court Affirms Summary Judgment for Plaintiff, Who Fell From Baker’s Scaffold, on Labor Law § 240 Claim
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A recent case, Gonzalez v. City of New York (decided by the Supreme Court, Queens County on May 4, 2015) represents yet another example of why parties to litigation – or persons who contemplate being a party to litigation – should refrain from posting on social media anything whatsoever concerning their claims. In this personal injury case,…

Read More Court Orders In Camera Inspection of Personal Injury Plaintiff’s Social Media Postings
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In Ward v. Urban Horizons II Hous. Dev. Fund Corp. (NY App. Div. 1st Dept. May 7, 2015), the Appellate Division, First Department affirmed summary judgment for plaintiff on his Labor Law § 240(1) claim. Here are the facts of this personal injury/construction accident case: Plaintiff commenced this lawsuit seeking to recover for personal injuries sustained on July…

Read More Coworker Was “Looking at Girls” Instead of Ladder-Fall Plaintiff; Summary Judgment for Plaintiff on Labor Law 240(1)/Ladder Fall Claim Affirmed
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