Court: NY Supreme NY

In Cadet-Legros v. New York University Hospital Center, decided October 9, 2014, the court denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim under the New York City Human Rights Law. This decision illustrates how even allegedly “race neutral” language can be evidence of an improper motivation. From the opinion: [P]laintiff points to…

Read More Evidence of “Coded Racial Language” Sufficient to Overcome Summary Judgment on Race Discrimination Claim
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Here and below is the gender discrimination lawsuit filed on 9/23/14 by former contract partner Jodi Ritter against law firm Wilson Elser Moskowitz Edelman & Dicker LLP. Plaintiff alleges, for example, that she “was regularly exposed to differential treatment and a persistent hostile and abusive work environment because of her sex and the gender stereotypes perpetrated…

Read More Attorney’s Gender Discrimination Lawsuit Against Law Firm Wilson Elser
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In Elhorin v. Western Beef, Inc., the court denied defendants’ summary judgment motion seeking dismissal of plaintiff’s personal injury slip-and-fall lawsuit. Plaintiff alleged that he sustained injuries when he slipped and fell on a piece of cardboard on the floor of defendant’s supermarket. As is common in these cases, defendant argued that it did not…

Read More Slip/Fall Case Continues, Based on Statement by Store Manager Regarding Notice of Condition
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Here is the recently-filed complaint, captioned Pako Mikel and Denise Klerx v. Guerlain, Inc. (N.Y. Sup. Ct., N.Y. Cty., Sept. 25, 2014), Index No. 159425-2014, alleging sexual harassment, hostile work environment, and retaliation against French cosmetic company Guerlain Inc. Plaintiffs allege that they were sexually harassed by another employee, and that defendant didn’t do anything to…

Read More Sexual Harassment Lawsuit Against Guerlain
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Santiago v. Dept. of Education illustrates that in an employment discrimination case, the plaintiff must plausibly allege an “adverse employment action.” The quintessential “adverse employment action” is, of course, termination. However, other actions short of termination may qualify. Plaintiff – an itinerant attendance teacher – alleged disparate treatment and a hostile work environment under the…

Read More Employment Discrimination Lawsuit Dismissed; No “Adverse Action”
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In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…

Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi Passenger
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Here is the complaint, recently filed by model Carolina Rommel, against the owner of NoHo restaurant Public. Plaintiff alleges that, while dining at defendant’s restaurant in October 2011, she “bit into a rock contained in a warm lentil salad that had been served to her by defendant. It further alleges: Plaintiff’s injuries have been exacerbated…

Read More This Restaurant’s Salad Rocks (Not in the Good Way)
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In Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…

Read More Negligent Hiring and Retention Claims Continue Against Korean Bank
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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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