Court: NY App. Div. Dept. 1

In Tirschwell v TCW Group Inc., No. 13923, 150777/18, 2020-03192, M-1286, 2021 N.Y. Slip Op. 03397, 2021 WL 2144858 (N.Y.A.D. 1 Dept., May 27, 2021), the court, inter alia, held that plaintiff’s sexual harassment claim survived summary judgment. From the decision: The City HRL gender discrimination claim (claim 2) was properly sustained as against Ravich…

Read More Gender Discrimination Claim Survives Summary Judgment Against TCW Group et al
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In Edstrom v. St. Nicks Alliance Corp., 2021 NY Slip Op 03112 (App. Div. 1st Dept. May 13, 2021), the court affirmed the dismissal of plaintiff’s claims of housing discrimination under the Fair Housing Act (42 USC §§ 3604 and 3617) and New York State Human Rights Law, but held that there were sufficient facts…

Read More Housing Discrimination Dismissal Affirmed; Habitability Claim Survives
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Louise v Hampton Jitney, Inc., 2021 NY Slip Op 02251 (App. Div. 1st Dept. April 13, 2021) – a personal injury case – the court affirmed the preclusion of defendant’s expert from testifying at trial or the use of his expert report. From the decision: Preclusion of expert evidence on the ground of failure…

Read More Court Precludes Expert Testimony and Report, Based on Demanded But Undisclosed Evidence
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In Rodriguez v City of New York, No. 13662, 2019-5301, 28675/18, 2021 N.Y. Slip Op. 02477, 2021 WL 1566826 (N.Y.A.D. 1 Dept., Apr. 22, 2021), an employment discrimination case, the First Department unanimously affirmed the dismissal of plaintiffs’ complaint due to their failure to file a Notice of Claim as required by as required by…

Read More Dismissal of Discrimination Claims Against NYC Dept. of Education Affirmed Due to Failure to Comply With Notice of Claim Requirement
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In Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…

Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based Plaintiff
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In Cabrera v Thomas, No. 13472, 2020-04779, 29663/18E, 2021 N.Y. Slip Op. 02060, 2021 WL 1216540 (N.Y.A.D. 1 Dept., Apr. 01, 2021) – a case arising from a multiple-vehicle “chain reaction” car accident – the court affirmed the summary judgment dismissal in favor of the middle vehicle. From the decision: Plaintiffs sustained injuries as a…

Read More Stopped Middle Driver in Chain-Reaction Car Accident Held Not Liable
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In Biggan v. City of New York et al, No. 13359, 2019-5666, 21758/14, 2021 N.Y. Slip Op. 01501, 2021 WL 966681 (N.Y.A.D. 1 Dept., Mar. 16, 2021), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s employment discrimination claim. From the decision: Plaintiff, a former custodian for the New York City Police Department (N.Y.PD),…

Read More “Dope” T-Shirt Employment Discrimination Dismissal Affirmed
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In Engelman v. Rofe, 2021 NY Slip Op 01321 (NY App. Div. 1st Dept. March 4, 2021), the New York Appellate Division, First Department, held that the seven-year statute of limitations codified in the “Victims of Gender-Motivated Violence Protection Law” (VGM) – which is codified as Chapter 11 of the New York City Administrative Code,…

Read More Court Holds That Seven-Year Statute of Limitations Applies to NYC’s Victims of Gender-Motivated Violence Protection Law
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In Rodriguez v. Beal, 2021 NY Slip Op 01220 (App. Div. 1st Dept. Feb. 25, 2021), the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment as to liability. In personal injury cases, particularly car accident cases, it is relatively rare for a plaintiff (the party claiming that they were the victim…

Read More Rear-End Car Accident Plaintiff Entitled to Summary Judgment; “Sun Glare” Was Insufficient Explanation for Accident
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