In Espiritu v. Shuttle Express Coach, Inc., a bus-bicycle accident case, the Appellate Division, Second Department reversed summary judgment for the defendant bus company. Here are the facts: [P]laintiff was riding his bicycle south on Adams Street in Brooklyn when he was struck on the left side by a private shuttle bus owned by the defendant…
Read More Wrong-Way Injured Bicyclist May Continue Case Against Bus CompanyBelow is the lawsuit, captioned Scarimbolo v. The Dram Shop, Index No. 503141/2014, recently filed by “Sopranos” actor Adam Scarimbolo against The Dram Shop Bar and an as-yet unnamed bartender. Plaintiff alleges that, “while at the Dram Shop, several unruly and heavily intoxicated patrons became enraged and violent towards Plaintiff simply because a couple of women who had accompanied those…
Read More Beating of Actor Adam Scarimbolo Gives Rise to Lawsuit Against Brooklyn BarBelow is petitioner Carisa Gaylardo’s petition, captioned Gaylardo v. City of New York et al. (Index No. 14100400), seeking relief – including back pay, reinstatement, and rescission of her termination and “U” rating – from the City of New York. (Media coverage here.) Petitioner was allegedly terminated for having an “inappropriate” relationship with a student.…
Read More Rejection of Threesome Proposition Allegedly Leads to Firing of Probationary Teacher Carisa GaylardoIn Jacobsen v. New York City Health and Hospitals Corp., 2014 N.Y. Slip Op 2098, the New York Court of Appeals recently held that summary judgment should not have been granted on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. The court held that “both statutes generally preclude summary judgment…
Read More NY Court of Appeals Holds That Issues of Fact as to “Reasonable Accommodation” Preclude Summary Judgment on Disability Discrimination ClaimsIn Cerverizzo v City of New York, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s Labor Law 241(6) claim which was predicated on a violation of 12 NYCRR 23-1.7(g) pertaining to “oxygen deficient work areas.” In this case: Plaintiff Joseph Cerverizzo, an employee of third party defendant subcontractor…
Read More Worker’s Labor Law Case, Based on Inhalation of Toxic Fumes in Aeration Tank at Sewage Plant, ContinuesAccording to various news reports, several (as many as eight) people were injured yesterday when shelving at a Bronx Dollar Store collapsed in a “thunderous roar”, causing objects (including cans and dishes) to fall. As this just happened and details are still emerging, it is far too early to determine whether, and to what extent, the…
Read More Bronx Dollar Store Shelving Collapse – Res Ipsa Loquitur?Today, April 8, is Equal Pay Day, which (according to the Huffington Post) marks “the number of extra days into 2014 the average woman has to work to earn as much as her male counterpart did in 2013.” President Obama also signed executive orders today addressing gender-based wage discrimination. The primary federal legislation addressing gender…
Read More Equal Pay DayHere is the state court complaint filed by Robert Esselborn against the Crosby Street Hotel and Chef Anthony Paris. Plaintiff claims that he was fired shortly after taking time off to care for his dying wife, in violation of the Family and Medical Leave Act of 1993.
Read More Robert Esselborn’s FMLA Complaint Against Crosby Street Hotel and Anthony ParisA recent decision, Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, addresses the question of who is an “employer” under the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff claims that the defendant law firm unlawfully terminated him as a chauffeur/driver after…
Read More Discrimination Plaintiff Raises Question of Fact as to Whether Law Firm Was His “Employer”In Rosario v. City of New York, a trip-and-fall case, the Appellate Division, First Department reversed the trial court’s denial of defendant’s motions for a directed verdict and/or judgment notwithstanding the verdict. “To impose liability on defendant City for a defective condition of a tree well, plaintiff must show that the municipality either received prior written…
Read More Citing Lack of Prior Written Notice, Court Dismisses Tree Well Trip-and-Fall Case