From DeFreitas v. Bronx Lebanon Hosp. Ctr., 2019 NY Slip Op 00375 (App. Div. 1st Dept. Jan. 22, 2019): In opposition to defendant’s motion for summary judgment dismissing the complaint alleging age discrimination in employment, plaintiffs met their burden under the New York State Human Rights Law (Executive Law § 296[1][a]) of showing that a material issue…
Read More Age Discrimination Case Proceeds Against Bronx Lebanon HospitalFrom Schneider v. Wal-Mart Stores, Inc. 2019 WL 294309 (S.D.N.Y. Jan. 23, 2019): [T]he Court will examine whether Defendants’ stated reason for Plaintiff’s termination, his accumulation of four written coachings in a twelve-month period, is mere pretext for discrimination. Pretext may be demonstrated by additional evidence that the employer’s proffered reason is not credible or…
Read More Written “Coachings” Were Not Pretext For Discrimination; Disability Discrimination Claim Dismissed on Summary JudgmentFrom Plotzker v. Kips Bay Anesthesia, P.C., 745 Fed.Appx. 436, 437–38 (C.A.2 (N.Y.), 2018) (Summary Order): After reviewing the record de novo, we agree with the District Court that there is no genuine dispute of material fact with respect to at least one element of Plotzker’s retaliation claim, namely, that his employer was aware of his…
Read More Dismissal of Retaliation Claim Affirmed; Employer Unaware of Protected ActivityFrom Franco v. City of New York, 2019 NY Slip Op 00377 (App. Div. 1st Dept. Jan. 22, 2019): Plaintiff established entitlement to judgment as a matter of law in this action where he was injured when defendants’ tow truck was left unattended by its driver, defendant Millar, and rolled backwards into plaintiff’s car, which was…
Read More Plaintiff Entitled to Judgment in Rolling Tow Truck Case; Alleged Mechanical Failure Did Not Raise Issue of FactIn Westbrooke v. Bellevue Hospital Center et al, 2019 WL 233611 (SDNY Jan. 16, 2019), the court dismissed plaintiff’s complaint – alleging employment discrimination – with prejudice. In sum, plaintiff alleged that she was discriminated against on the basis of her age, gender, disability, and race, and then subjected to retaliation for complaining about it. After…
Read More Court Rejects “Economic Duress” Argument re Settlement of Employment Discrimination ClaimsFrom Wanting Mei v Bilal Munir, N.Y. Sup. Ct. N.Y. Cty. Index No. 153578/2018 (Jan. 15, 2019): Plaintiffs motion, which contends that she was crossing in the pedestrian crosswalk, with the crossing light, when defendant’s vehicle struck her, has made out a prima facie case of negligence. Plaintiffs motion further establishes that she was not…
Read More Plaintiff Granted Summary Judgment in Pedestrian-Knockdown CaseIn Davis v. Town of Hempstead, 2019 WL 235644, at *5 (E.D.N.Y. Jan. 16, 2019), a sexual harassment case, the court (inter alia) concluded that the plaintiff was not an “employee” of the Town Clerk (defendant Bonilla) – whom she claimed sexually harassed her – and thus dismissed her claim under Title VII of the…
Read More Title VII Sexual Harassment Claim Dismissed; Town Clerk’s Assistant Was Not an “Employee”A recent decision, Grant v. Almonte, 2019 NY Slip Op 00057 (App. Div. 1st Dept. Jan. 3, 2019), provides some insight into the mechanics of an “open court” settlement under New York Civil Practice Law & Rules 2104. That statute provides: An agreement between parties or their attorneys relating to any matter in an action, other than…
Read More Marking Court File Did Not Qualify as a CPLR 2104 StipulationIn Farmer v. Dr. Lucia Patino, Optometrist, P.C., 2019 WL 110956 (E.D.N.Y. Jan. 4, 2019), the court dismissed plaintiff’s claim under the Genetic Information Nondiscrimination Act (GINA). It summarized the statute: The GINA restricts the circumstances under which an employer may request or use genetic information, including information about an individual’s “genetic tests, the genetic tests…
Read More Genetic Information Nondiscrimination Act (GINA) Claim DismissedIn Doe v. Colgate University, 2019 WL 190515 (2d Cir. Jan. 15, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s Title IX claim. The court summarized the law: Under Title IX …, “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of,…
Read More 2d Circuit Affirms Dismissal of Title IX Claim Against Colgate University