Governor Cuomo recently signed legislation allowing New York City to lower the default speed limit from 30 miles per hour to 25 miles per hour. It will go into effect in three months. The purpose is to reduce the amount of injuries and death arising from motor vehicle accidents, particularly pedestrian knockdowns.
Read More New Law Makes NYC Speed Limit 25 MPHIn Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…
Read More Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard InapplicableIn Dorgan v. Suffolk County Community College, 12-cv-0330 (EDNY Aug. 4, 2014), the Eastern District of New York granted defendants summary judgment on plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Plaintiff, who was diagnosed with bipolar II disorder, alleged that defendants subjected her to discrimination and terminated her based on…
Read More Decision: Bipolar Plaintiff’s Disability Discrimination Case DismissedIn Luckey v. City of New York, the Appellate Division, First Department held on August 7, 2014 that the trial court should not have dismissed the plaintiff’s negligence claims against the City of New York. “Plaintiff’s’ decedent was an inmate at Rikers Island who was treated for chronic asthma during the few weeks in which she was…
Read More Inmate Asthma Death Suit ContinuesIn Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…
Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports ClubIn Abrams v. Department of Public Safety, decided July 14, 2014, the Second Circuit vacated summary judgment in defendants’ favor on plaintiff’s race discrimination claims under Title VII and the Equal Protection Clause (pursuant to 42 U.S.C. § 1983). Plaintiff, an African American detective, argued that he was discriminated against by, among other things, not being…
Read More “Better Fit” Remarks Sufficient to Defeat Summary Judgment in Race Discrimination Case, Second Circuit HoldsIn a July 28, 2014 lawsuit filed in the Southern District of New York – captioned Rodriguez v. Jacqueline Dauhajre MD P.C. et al., 14-cv-5756 (embedded below) – plaintiff Jeffrey Rodriguez asserts that he was terminated from and/or not hired by an all-woman uptown Manhattan medical office because of his gender. Plaintiff alleges, among other things, that after…
Read More Man Rejected By Company’s “Vaginas” Who Are “Scared of Dick”, Gender Discrimination Lawsuit AllegesHere are recently-filed papers – including the supporting Affirmation, Opposition, and Reply (without exhibits) – relating to plaintiff Hanna Bouveng’s request for a temporary restraining order and/or preliminary injunction preventing defendant Benjamin Wey from intimidating and harassing plaintiff and her family, friends, colleagues, and business acquaintances. In this sexual harassment lawsuit, plaintiff alleges that while employed…
Read More Sexual Harassment Plaintiff Alleges Witness Intimidation and Post-Termination Harassment by Alleged Harasser Benjamin WeyThe U.S. Equal Employment Opportunity Commission filed a federal lawsuit on July 31, 2014 against Seapod Pawnbrokers, a Brooklyn and Queens-based business, alleging that its owner harassed workers because of their sex, race, and ethnicity, and then fired them for complaining. According to the agency’s press release, the harassment included referring to employees, most of whom were…
Read More EEOC Lawsuit Alleges Sexual Harassment, Hostile Work Environment, Race Discrimination, National Origin Discrimination, and Retaliation Against Seapod PawnbrokersIn Lozada v. Elmont Fire Dept., decided July 22, 2014, the New York State Division of Human Rights found that complainant, volunteer firefighter Beatrie Lozada, was subjected to a sexually hostile work environment in violation of the New York State Human Rights Law. It dismissed, however, her claims that she was subject to discrimination based on…
Read More “Badonkadonk” Sexual Harassment Results in $60,000 Award to Volunteer Firefighter