In Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New York
Today is Memorial Day. Originally called Decoration Day, this holiday originated in the years following the Civil War, became a federal holiday in 1971 (see 5 U.S.C § 6103(a) (deeming “Memorial Day” the last Monday in May)), and is intended to honor the men and women who have died during the performance of their military…Read More Memorial Day 2021
The U.S. Equal Employment Opportunity Commission – which enforces various anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 – recently issued a Resolution Condemning Violence, Harassment, and Bias Against Jewish Persons in the United States (signed May 26, 2021). It provides, in full: WHEREAS the [EEOC], established by the landmark Civil…Read More EEOC Issues Resolution Condemning Violence, Harassment, and bias Against Jewish Persons in the United States
Just a friendly reminder that, under New York law, A person is guilty of grand larceny in the second degree [a class C felony] when he steals property and when: 1. The value of the property exceeds fifty thousand dollars; or 2. The property, regardless of its nature and value, is obtained by extortion committed…Read More Trick or Treat, a/k/a Extortion?
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These words comprise the Preamble to the U.S. Declaration of Independence, which (as articulated by the National Archives) “states the…Read More July 4th, 2020: Happy 244th Birthday, America
On March 19, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.7 (“Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency”), which, inter alia, permits documents to be notarized utilizing audio-video technology through April 18, 2020. The Order provides, in pertinent part: Any notarial act that is required under New…Read More New York Permits “Virtual” Notarization in Light of COVID-19 Pandemic
Today is the 50th anniversary of the Apollo 11 launch to the Moon. This event culminated in what is arguably the greatest achievement of mankind. Like most if not all human events and endeavors, there are numerous legal issues arising from it. Many of these issues are addressed in the Outer Space Treaty of 1967,…Read More To the Moon … and Beyond!
On July 4, 1776, 243 years ago today, the Declaration of Independence was ratified by Congress. This seminal document, equal if not greater in magnitude and significance to other great historical documents (e.g., the Magna Carta), represents the first formal statement by then subjects of the British Crown of the reasons for proclaiming their reasons…Read More Happy 243rd Birthday, America
Christmas and egg nog go together like, well, Christmas and egg nog. It’s a tasty drink with a few recipe variations. But this isn’t a holiday recipe blog, it’s a legal blog! So I thought I’d share an interesting older (1949) decision I came across. The case is People v Queens Farms Dairy, 90 N.Y.S.2d…Read More Egg Nog Defendant Guilty
In Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim. The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1)…Read More First Amendment Retaliation Claim Dismissed