In TE v. Pine Bush Central School Dist, the Southern District of New York denied defendants’ motion for summary judgment on plaintiffs/students’ Title VI claims. Title VI of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000(d), provides that [n]o person in the United States shall, on the ground of race, color, or…
Read More Anti-Semitic Student Harassment Case ContinuesIn Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…
Read More Contractor May Be Liable in Staircase FallAt least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support. Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led…
Read More Gym Injury LawsuitThe elements of a negligence claim brought under New York law are well settled. They are: (1) a duty owed to the plaintiff by the defendant; (2) breach of that duty; and (3) injury substantially caused by that breach. Thus, even if the defendant is negligent, there can be no recovery unless the plaintiff shows that…
Read More “Doored” Cyclist’s Case Dismissed Against MTAIn O’Brien v. NYC Civil Service Comm’n, the court granted an Article 78 petition annulling the determination of the New York City Civil Service Commission confirming the NYPD’s decision finding the petitioner – who has a history of multiple sclerosis – medically disqualified from appointment as a NYPD police officer. Notably, NYPD did not physically examine the…
Read More Court Overturns NYPD Disqualification Due to History of Multiple SclerosisManhattan nightlife can be extremely exciting (I’ve heard) – sometimes in a not-so-good way. Here and below is the complaint filed on October 27, 2014 by plaintiff Amanda Keisoglu against the Hotel Gansevoort and Marie Thys (among others). Plaintiff alleges that, on August 23-24, 2014 while partying with her friends, Thys “violently, forcefully, intentionally, and in…
Read More Stiletto Stab Lawsuit Against Hotel GansevoortIn Gibbs v. Albee Tomato Co., Inc., a slip-and-fall case, the Appellate Division, First Department explained why the Supreme Court, Bronx County, properly denied defendants’ motion for summary judgment dismissing plaintiff’s complaint: Defendants did not establish their entitlement to judgment as a matter of law in this action where plaintiff was allegedly injured when he…
Read More Tomato Water Slip-and-Fall Case ContinuesIn Scott-Iverson v. Independent Health Ass’n., 13-cv-0451 (W.D.N.Y. July 7, 2014), the court adopted a report and recommendation that plaintiff’s race- and sex-based hostile work environment claims may proceed. Plaintiff alleged, among other things, that: In approximately October 1999, [the Defendant] held an employee appreciation day around Halloween and [one of Plaintiff’s co-workers] dressed up…
Read More Offensive “Aunt Jemima” Halloween Costume Supports Hostile Work Environment/Race Discrimination ClaimIn Jackson v. OpenCommunications Omnimedia, LLC, the New York State Supreme Court ordered defendants to produce “all documents and notes related to an internal investigation conducted … in connection with the Plaintiff’s complaints of sexual harassment and discrimination.” Defendants resisted production on the ground of privilege. Citing the liberal discovery principles embodied in CPLR 3101, the court granted…
Read More Court Orders Production of Materials Relating to Internal Sexual Harassment InvestigationRandolph v. Rite Aid of N.Y., Inc. (decided Oct. 28, 2014) provides yet another reason not to attempt shoplifting: baseball bat-yielding security guards. In this case, the Appellate Division, First Department affirms the dismissal of plaintiff’s case against Rite Aid: In this action seeking recovery for personal injuries, plaintiff alleges that on October 13, 2004, after…
Read More Shoplifting Baseball Bat Case Dismissed