Court: NY Supreme NY

In Torres v. Nine-O-Seven Holding Corp., the court granted defendants’ motion for summary judgment on plaintiff’s sidewalk trip-and-fall case. After examination of the photographs and the other evidence presented in the record, including plaintiff’s deposition testimony, and considering all the relevant factors, this Court finds that as a matter of law the alleged defect in the…

Read More Trip-and-Fall Case Dismissed; Sidewalk Defect Was “Trivial” as a Matter of Law
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Model/actress Shoshana Roberts made headlines awhile back when she made a video, titled “10 Hours of Walking in NYC as a Woman”, to illustrate the issue of “street harassment”. In a recently-filed $500,000 lawsuit, she asserts against various defendants (including Rob Bliss Creative LLC, Hollaback! Inc., Google, and YouTube) the following claims: [Q]uantum meruit, breach of…

Read More Street Harassment Model Shoshana Roberts’ Lawsuit Against Google, Hollaback!, etc.
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Here is the employment discrimination complaint, captioned Miller v. Zara USA, Dilip Patel, and Moises Costas Rodriguez, filed in Supreme Court, NY County (Index No. 155512-2015), on June 3, 2015. In it, Zara’s former in-house counsel, Ian Jack Miller, asserts various claims, including religion-based discrimination, national origin discrimination, sexual orientation discrimination, and retaliation.

Read More Employment Discrimination Lawsuit Against Zara
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In Casablanca v New York Times Co., 47 Misc 3d 1215(A), 2015 NY Slip Op 50629(U) (N.Y. Sup. Ct. N.Y. Cty. April 17, 2015), the court granted defendant’s motion for summary judgment on plaintiff’s employment discrimination claims. This case underscores the necessity in an employment discrimination case of establishing a link between a protected characteristic…

Read More Court Dismisses Disability Discrimination Claim, Rejecting “Smoking Gun” Email
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In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment…

Read More Employment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get Up” Company
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In Hermitage Ins. Co. v. Beer-Bros, Inc. of NYC (a personal injury/premises liability case), the Supreme Court, NY County (in an opinion by Judge Braun) held in a decision dated May 12, 2015 that a bar/restaurant’s insurer was not obligated to defend or indemnify the bar under the “assault and battery” exclusion in the applicable insurance policy.…

Read More “Assault and Battery” Insurance Policy Exclusion Applies Where Bystander Was Injured by Bar’s Bouncer
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In her personal injury lawsuit captioned Brouillette v. Lisa Kistermann et al. and filed in New York Supreme Court on May 4, 2015, plaintiff Robin Brouillette alleges that on March 25, 2015, defendants Lisa Kistermann and Jessica Kistermann caused her “to be precipitated down a set of stairs” and suffer injuries.

Read More Injury Lawsuit by Robin Brouillette Against Lisa and Jessica Kistermann
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In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…

Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory
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Here is the complaint, captioned Matthew Luke v. Al Jazeera America and Osman Mahmud, NY Sup. Ct. NY Cty. Index No. 154219-2015 (Apr. 28, 2015), filed against news organization Al Jazeera and others. Plaintiff alleges that defendants retaliated against him after he opposed defendant Mahmud’s discriminatory acts against his colleagues on the basis of their gender,…

Read More Discrimination Lawsuit Against Al Jazeera America
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In Connolly v. 129 East 69th St. Corp., a personal injury trip-and-fall case, one defendant moved for summary judgment to dismiss plaintiff’s case. The Supreme Court granted the motion. The Appellate Division, however, reversed that decision, finding that the defendant filed its motion one day after the motion filing deadline: Supreme Court’s individual part rules…

Read More Summary Judgment Motion Filed One Day Late Deemed Untimely in Personal Injury Case
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