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In 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 Claim
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Here’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
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In Alford v. City of New York, the Appellate Division, First Department unanimously affirmed a trial court’s refusal to allow defendants to obtain or use plaintiff’s medical records relating to prior substance abuse and mental health treatment. Plaintiff sued to recover for back and knee injuries, as well as post-traumatic stress disorder and mental and psychological injuries, allegedly…

Read More Mental Health and Substance Abuse Records Properly Precluded Following Withdrawal of PTSD/Mental Injury Injury Claims in Elevator Accident Case
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A recent Second Department decision, Fernandez v. Babylon Mun. Solid Waste, illustrates the circumstances under which a rear-ended plaintiff is not entitled to summary judgment. Plaintiff’s vehicle was struck in the rear by a vehicle owned by defendant Babylon and driven by defendant Catania. Plaintiff moved for summary judgment on the issue of liability, and…

Read More Rear-Ending Driver Not Liable as a Matter of Law
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In Catalanello v. Kramer (decided May 7, 2014), Southern District Judge Paul Engelmayer dismissed plaintiff Robert Catalanello’s complaint alleging defamation and false light invasion of privacy against law professor Zachary Kramer. Applying New Jersey law, the court held that the alleged defamatory statements (which were contained in Kramer’s law review article titled “Of Meat and Manhood” and…

Read More Court Dismisses Defamation and False Light/Privacy Claims Brought By Alleged Harasser Against Law Professor
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In Phillip v Young Men’s Christian Assn. of Greater N.Y. (a slip-and-fall case), the Appellate Division, First Department recently affirmed the lower court’s grant of defendant’s motion for summary judgment. “Defendant met its initial burden of demonstrating lack of notice of the wet condition of the locker room floor where plaintiff allegedly slipped by submitting evidence…

Read More General Awareness of Wet Condition Insufficient to Survive Summary Judgment in Slip/Fall Case
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The Eastern District of New York recently held, in Baron v. Advanced Asset and Property Management Solutions LLC, that plaintiff presented sufficient evidence to survive summary judgment on his disability discrimination claims under the Americans with Disabilities Act and the New York State Human Rights Law. Plaintiff, who worked for defendant as an Assistant Controller,…

Read More Disability Discrimination Claims Survive Summary Judgment
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A recent Southern District decision, James v. NYC Health and Hospitals Corporation, illustrates that the anti-discrimination laws are not a “general civility code” and underscores the critical requirement that, in order to be actionable, any alleged discrimination or harassment must be “because of” a protected characteristic (here, the plaintiff’s sex). Plaintiff, a female Special Officer in…

Read More Workplace Slap Was Not “Because Of” Plaintiff’s Sex; Sexual Harassment Claim Dismissed
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In Serra v. Goldman Sachs Group, the Appellate Division, First Department held that the trial court properly granted plaintiffs’ motion for partial summary judgment as to liability on plaintiff’s Labor Law § 240(1) claim: [P]laintiffs submitted uncontradicted deposition testimony that the unsecured extended ladder upon which plaintiff was working slipped and fell out from underneath him.…

Read More Ladder Slip Results in Summary Judgment for Plaintiff on Labor Law 240(1) Claim
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