Court: NY Supreme NY

In Hefti v. Brand Union, Inc. (a wrongful termination lawsuit), decided July 2, 2014, the New York Supreme Court denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. Plaintiff alleged that she was subjected to discrimination based on her disability (clinical depression and bipolar disorder), including by forcing her to disclosing personal…

Read More Court Rejects Defendant’s Reliance on “After-Acquired Evidence” Doctrine
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Here is the recent complaint filed by Vernon Steward and his wife against the American Museum of the Moving Image. Plaintiffs allege that, while on the 3rd floor of the museum, Mr. Steward “was caused to trip over a baby/infant who was on the floor causing him to fall to the floor.” He seeks to recover for his…

Read More Man Trips Over Baby in Museum, Sues
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In Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…

Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports Club
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In Gomez v. Yussuf, a left-turn car accident case, the court dismissed plaintiff’s case, finding that plaintiff was the sole proximate cause of the accident. It described the accident as follows: Plaintiff was the driver of a car which hit a vehicle owned and operated by defendant at the intersection of Rockaway Boulevard and Beach 56th…

Read More Left Turn Accident Was All Plaintiff’s Fault, Court Finds
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In Sylvester v. Jimenez, an automobile accident case, Judge Bluth of the New York Supreme Court denied defendant’s motion for summary judgment that plaintiff did not sustain a “serious injury” under Insurance Law 5102(d). This was a two-car accident; plaintiff Sylvester was driving, and plaintiff Turner was a passenger, in one car, and defendant Jimenez…

Read More Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident Case
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Here’s Lindsay Lohan’s state court complaint, filed July 1, 2014 in New York State Supreme Court, against Take-Two Interactive Software and Rockstar Games. Lohan asserts that defendants used Lohan’s “portrait” in advertising the game and in the game itself, namely in a “side mission” involving a character named “Lacey Jonas” and telling a story containing…

Read More Lindsay Lohan’s Grand Theft Auto V Lawsuit
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In Henderson v. City of New York, plaintiff alleged that she tripped and fell on a manhole in a crosswalk at the intersection of Second Avenue and 74th Street in Manhattan. She claimed, in her notice of claim, that she fell due to a “raised, cracked, depressed, missing, broken and/or mis-leveled pavement and/or manhole cover…

Read More No Explicit Denial of Lack of Prior Written Notice Results in Denial of Summary Judgment to City in Trip/Fall Case
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In Del Gallo v. City of New York (decided June 17, 2014), a tragic personal injury case arising from death and injuries sustained from a falling Central Park tree branch (complaint here), the court ruled on plaintiffs’ motion for a protective order (under CPLR 3103) regarding certain discovery requests made by defendants. While the court discussed various items sought…

Read More Court Orders Limited Access to Plaintiff’s LinkedIn Account in Personal Injury Case
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