Here is the complaint recently filed by Natasha Reyes against the City of New York. She alleges that while sledding in Riverside Park, “she was caused to sustain severe and serious injuries when her sled went through a hay barrier and into a park bench that was located immediately behind the barrier.” She claims, among other…
Read More Sledding Injury LawsuitUnder New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…
Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective DesignIn Tria v. Regis High School (decided April 14, 2014), the court granted plaintiff’s motion for summary judgment on his Labor § 240(1) claim, but denied it with respect to plaintiff’s Labor Law § 241(6) claim. Plaintiff was injured when, while unloading a tractor trailer of press board panels and stacking them on an A frame dolly, the…
Read More Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) ClaimFire escape ladders are a ubiquitous feature of New York City’s residential neighborhoods. They can also, as demonstrated by numerous court decisions, be a source of injury. One such decision is Taveras v Quisqueya II Housing Company, decided by Supreme Court, Queens County on May 8, 2014. The facts: On October 19, 2008, at 3:20…
Read More Locked-Out Tenant Injured on Fire Escape Ladder Loses CaseThe Appellate Division, First Department held, in Walzer v. Metropolitan Transportation Authority (decided May 13, 2014), that plaintiff’s gender discrimination claims should not have been dismissed: Applying the liberal pleading standards applicable to employment discrimination claims under the State and City Human Rights Law, plaintiff has stated causes of action for violations of the Human…
Read More First Department Reinstates Gender Discrimination ClaimsIn Kaplan v. NYC Dept. of Health and Mental Hygiene (NY Sup. Ct. Kings Cty. Index No. 506658-2013), the court dismissed plaintiff’s sexual harassment and retaliation claims – asserted under the NYC Human Rights Law – arising from a male boss’s masturbating in front of his female subordinate. Plaintiff alleged that, at the beginning of a training…
Read More Male Boss Masturbating in Front of Female Subordinate Was Merely a “Trivial Inconvenience”, and Hence Not Sexual Harassment, Court RulesThe New York Court of Appeals held, in Webb-Weber v. Community Action for Human Servs., Inc. (decided May 13, 2014) that plaintiff adequately stated a claim under New York’s Whistleblower Law, Labor Law § 740(2)(a). That statute provides, in pertinent part: An employer shall not take any retaliatory personnel action against an employee because such employee … discloses,…
Read More Court of Appeals Broadly Interprets New York’s General Whistleblower Statute, Labor Law § 740In a decision issued today, Williams v. Weatherstone, the New York Court of Appeals held that a school district owed no duty to a student (designated as “A.” in the opinion) who was struck by a car while waiting for the school bus. The accident happened as follows: On March 13th, A.’s newly assigned bus,…
Read More School District Did Not Owe Duty to Student Hit By CarIn Betts v. Shearman et al, decided May 2, 2014, the Second Circuit affirmed the dismissal of plaintiff’s claims for false arrest and malicious prosecution arising from his wife’s an encounter in which, he claims, his wife falsely accused him of assaulting her. Plaintiff alleged the following: On January 20, 2011 at approximately 11:30 p.m., while…
Read More Complaining Victim’s Allegedly False Accusation of Assault Insufficient to Establish False Arrest ClaimHere’s a little Mother’s Day-themed law for you. In Pierre v. City of New York, the Southern District of New York recommended the dismissal of various claims asserted by plaintiff against the City of New York, including for false arrest, excessive force, deprivation of property, violation of First Amendment rights, under federal law (through 42 USC…
Read More Mother’s Day Cards Are Not Exempt From General Vendor’s License Requirement