Court: NY App. Div. Dept. 2

From Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…

Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law Claim
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In Green v. Price Chopper, Inc., 2018 NY Slip Op 05578 (App. Div. 2nd Dept. Aug. 1, 2018), a personal injury trip-and-fall case, the court held that the defendant supermarket was not entitled to summary judgment on liability. Plaintiff testified that she tripped and fell over a raised portion of a rubber mat near the supermarket…

Read More Raised Mat Not “Trivial” Defect as a Matter of Law; Summary Judgment for Defendants Reversed
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In Wander v. St. John’s Univ., 2018 NY Slip Op 05353 (App. Div. 2d Dept. July 18, 2018), an age discrimination case, the court held that plaintiffs should be permitted to supplement the complaint to, inter alia, enumerate their damages related to the termination of their employment. From the decision: In the absence of prejudice or…

Read More Age Discrimination Plaintiffs Permitted to Amend Complaint, Court Rules
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In Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…

Read More Dismissal of NYCHRL Race, National Origin Discrimination Claims Affirmed
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In Luckie v. Northern Adult Day Health Care Center, 2018 NY Slip Op 03349, 2018 WL 2123993 (App. Div. 2d Dept. May 9, 2018), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s complaint under CPLR 3211(a) pursuant to the NYS Human Rights Law’s “election of remedies” doctrine. This decision illustrates why employment discrimination…

Read More Employment Discrimination Complaint Properly Dismissed Under “Election of Remedies” Doctrine [Luckie v. Northern Adult Day Health Care Center]
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One venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range…

Read More Court Summarizes Scope of Judicial Review of NYS Division of Human Rights Determinations; Upholds Dismissal of Hostile Work Environment and Constructive Discharge Claims
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