By now you’ve probably heard/read about Dr. Anjali Ramkissoon, who was caught on a now-viral YouTube video attacking an Uber driver. Reports indicate that her employer, Jackson Health System, has placed her on administrative leave. The video suggests that Dr. Ramkissoon was not working or “on the clock” during the incident. This raises the question of whether, and to what…
Read More Off-Duty Conduct and TerminationIn Sangaray v West Riv. Assoc., LLC, 2016 NY Slip Op 01002 (N.Y. Ct. App. Feb. 11, 2016), New York’s highest court interpreted NYC Administrative Code 7-210, which (generally speaking) shifts liability from the city to the owners of abutting property. The court held that summary judgment should not have been granted in favor of defendant property…
Read More Location of Alleged Defect Alone Does Not Dictate Liability in Sidewalk Defect Trip/Fall Case, Court of Appeals HoldsIn Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which resulted in a $1.35 million jury verdict for plaintiff – plaintiff alleged (in sum) that defendant Village’s former mayor Andrew Hardwick did…
Read More Second Circuit: “Hispanic” is a “Race” For Purposes of Federal Antidiscrimination LawsA Summary Order issued today by the Second Circuit (in Kirkweg v. New York City Department of Education) includes language helpful to plaintiffs asserting retaliation claims. Citing the Supreme Court’s decision in Burlington N. & Sante Fe Ry. Co. v. White, 548 U.S. 53, 68−70 (2006) and Second Circuit precedent, the Second Circuit explains: In granting dismissal,…
Read More Second Circuit: Pecuniary Injury Not Necessary for “Adverse Action” for Retaliation ClaimIn a recently-filed lawsuit, Last v. Consolidated Edison (SDNY 16-cv-00468), plaintiff Jovira Last asserts that she experienced sex-based discrimination at her employer, Con Edison, in violation of Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The complaint refers to “ConEd’s negative and stereotyped view of women…
Read More Sex Discrimination Lawsuit Against Con EdisonIn McRae v. Venuto, No. 2014-10748, 2016 WL 515794 (N.Y. App. Div. 2nd Dept. Feb. 10, 2016), the court held that plaintiff raised a triable issue of fact on her slip-and-fall case: Here, the defendant established, prima facie, his entitlement to judgment as a matter of law by submitting the deposition testimony of the plaintiff, which…
Read More Eyewitness Affidavits Save Slip-and-Fall Case From Summary Judgment DismissalAccording to one source, four out of 10 employees have dated someone at work. This, according to that article, “makes perfect sense [because] [t]here are more singles in the workforce than ever before, spending more than half their waking hours on the job[ and] [w]ith co-workers there’s a familiarity and commonality, not to mention proximity and…
Read More Love Can Get You Fired: Dating is Not a “Recreational Activity” Within the Meaning of New York’s “Lawful Activities” LawIn Bhatia v Cummings, 2016 NY Slip Op 00918 (App. Div. 2d Dept. Feb. 10, 2016), plaintiff was driving his car when he was struck in the rear by a vehicle operated by defendant. Plaintiff sued, and defendant (the rear-ender) asserted a counterclaim for negligence. The Supreme Court granted plaintiff’s motion dismissing defendant’s counterclaim; the Appellate Division…
Read More Leading Car’s Alleged Slamming on Brakes and Improper Signaling Creates Fact Issue in Rear-End Car Accident CaseIn Lekettey v. City of New York, No. 15-1169-CV, 2016 WL 482109 (2d Cir. Feb. 8, 2016), the court affirmed a lower court’s dismissal of plaintiff’s complaint alleging sexual harassment. There are generally two theories of sexual harassment recognized under Title VII of the Civil Rights Act of 1964: (1) “quid pro quo” sexual harassment,…
Read More Sexual Harassment Allegations Insufficiently Alleged, Notwithstanding Assertion of “Fondling”In Mazza v. Our Lady of Perpetual Help Roman Catholic Church, 134 A.D.3d 1073 (N.Y. App. Div. 2nd Dept. 2015), the court affirmed the lower court’s denial of defendant’s motion for summary judgment on liability, and declined to find that the alleged defect upon which plaintiff tripped was “trivial” as a matter of law. In…
Read More Trip-and-Fall Case Continues; Alleged Defect Was Not “Trivial”