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If you see a banana peel on the stairs, don’t intentionally step on it. That’s the lesson from Betances v. 470 Audobon Ave. Corp., a recent New York Supreme Court decision. There, the plaintiff slipped on a banana peel and fell down the stairs. He sued, alleging that defendant was negligent in maintaining the staircase, and permitting…

Read More Step Away From the Banana Peel!

“The greatest enemy of knowledge is not ignorance, it is the illusion of knowledge.” These words, attributed to Stephen Hawking, find application in various fields. They are particularly applicable to a recent New York Post article entitled “NY’s worst law helps lawyers, kills construction”. Written by Rev. Jacques DeGraff, the article attacks NY’s “Scaffold Law” – New York…

Read More The Post’s Misguided Attack on the Scaffold Law

So-called “at-will” employees in New York can be fired for any reason or no reason (just not an illegal reason, such as discrimination because of a protected characteristic). This rule applies even if, for example, the employer gives verbal assurances of job security. This principle was recently applied in Presler v Domestic & Foreign Missionary Socy.…

Read More Employee’s At-Will Status Precludes Her Claims Against Her Employer

A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…

Read More Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination Complaint

In Auz v. Century Carpet, the Southern District of New York recently denied summary judgment to plaintiff on the issue of liability in a car accident case occurring at or near the intersection of Second Avenue and 57th Street in Manhattan. “In order to establish a prima facie case of negligence under New York law,…

Read More Issues of Fact Preclude Summary Judgment for Plaintiff in Car Accident Case

In Kemp v. CSX Transp., Inc., the Northern District of New York recently denied defendant’s motion for summary judgment on plaintiffs’ racially hostile work environment and disparate treatment claims. As to plaintiffs’ hostile work environment claims, the court held: Plaintiffs allege that they were subjected to vulgar racial language throughout their employment and often viewed…

Read More Citing “Vulgar Racial Language” and More Lenient Treatment of White Employees, Court Denies Summary Judgment on Plaintiff’s Race Discrimination and Hostile Work Environment Claims

In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…

Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue