Court: NY Supreme Kings

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In DeMarzo v. Urban Dove, Inc., 2017 NY Slip Op 32612(U) (NY Sup. Ct. Kings Cty., 500466/13, Nov. 21, 2017), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination and retaliation claims under the NYS and NYC Human Rights Laws on the ground that plaintiff failed to file a Notice of Claim. The governing statute, Education…

Read More State, City Human Rights Law Claims Are Not “Torts” Under Notice of Claim Statute, Court Holds
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In Ellison v. Chartis Claims, Inc., 2016 NY Slip Op 51336(U), 53 Misc 3d 1203(A) (N.Y. Sup. Ct. Kings Cty. Sept. 23, 2016), the court dismissed plaintiff’s race discrimination (including wrongful termination, salary discrimination, and failure to promote), retaliation, hostile work environment, and other claims. Among other things, the decision provides an instructive point regarding the…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Dismissed Against AIG
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In Self v. Mixmaster, LLC, 2015 NY Slip Op 31938(U) (N.Y. Sup. Ct. Kings Cty. Oct. 19, 2015), the court denied defendants’ motion to dismiss plaintiff’s NYC Human Rights Law (NYCHRL) (sexual harassment, gender discrimination, and retaliation), intentional infliction of emotional distress, and negligent infliction of emotional distress claims. Defendants argued that plaintiff’s claims under…

Read More Sexual Harassment Etc. Claims Against Mixmaster Survive Motion to Dismiss Based on Geographical Reach of NYC Human Rights Law
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In a recent lawsuit, Caban v. Puerto Rican Family Institute (NY Sup. Ct. Kings Cty., Index # 511268/2015, filed 9/15/15), plaintiff alleges discrimination based on race and national origin and retaliation for opposing such discrimination. Plaintiff – who is of Puerto Rican national origin – alleges, among other things, that a superior told plaintiff “you Puerto…

Read More Race/National Origin Discrimination Lawsuit Against Puerto Rican Family Institute
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In a lawsuit captioned Pollock v. Agrei Consulting, et al (NY Sup. Ct. Kings Cty. filed 9/4/15, Index # 510920/2015), plaintiff alleges that she was sexually harassed by her boss who she claims, among other things, sent her flirtatious and sexually inappropriate text messages (such as “You take good care of me and I will…

Read More Sexual Harassment Lawsuit Alleges That Boss Put Penis Pictures on Executive Assistant’s Computer
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In Ciliotta v. Ranieri, a dog bite case, the Supreme Court, Kings County, dismissed plaintiff’s case, finding that there was insufficient evidence that the dog had “vicious propensities” as required by New York law. It all started with a friendly discussion between neighbors. Involving thrown dog poo and choking: On April 14, 2011, Defendant Nicole…

Read More Brooklyn Dog Bite Case Dismissed Where Protective Dog Was Not Shown to Have “Vicious Propensities”
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In 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 Rules
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In Atchison v. Metropolitan Enterprises, a recent trip-and-fall case, a Brooklyn trial court rejected defendants’ attempt to subject plaintiff to a second Independent Medical Examination (IME). They sought the second examination due to intervening events which, to put it mildly, raised questions as to the first doctor’s credibility. (Note: As a plaintiff’s lawyer, I – as…

Read More Perjury Allegation Against Medical Expert Does Not Justify Second Medical Examination of Plaintiff in Trip-and-Fall Personal Injury Suit
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Below 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 Bar
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In Oborski v. Marjam Supply Co., Inc., Supreme Court, Kings County Judge Francois Rivera offered what can fairly be characterized as motion practice “tips” (which are, really, a reminder to follow the court’s rules when engaging in motion practice): As a preliminary matter the court will discuss the motion papers and the deficiencies contained therein.…

Read More Motion Practice “Tips” From Brooklyn Judge
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