Intentional Infliction of Emotional Distress
Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident
In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…
Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building ResidentRetaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…
Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights LawLawsuit Alleges Public Accommodation Discrimination Against Bar by Trump Hat-Wearing Patron
In a recently-filed lawsuit, captioned Piatek v. The Happiest Hour and Jon Neidich (NY Sup. Ct., NY Cty., Index 152578/2017, filed 3/17/17), plaintiff alleges that he (while wearing a hat bearing the Donald Trump slogan “Make America Great Again”) “was unlawfully ridiculed, discriminated against and ejected from The Happiest Hour on account of his creed,…
Read More Lawsuit Alleges Public Accommodation Discrimination Against Bar by Trump Hat-Wearing PatronCricket Subway “Prank”: Intentional Infliction of Emotional Distress?
The Huffington Post reports that the woman who released worms and crickets on a NYC Subway on August 24, 2016, Zaida Pugh, said she did so as a prank. As can be seen on the video included in the article, the release of the creatures created pandemonium and caused people to scream in terror; apparently…
Read More Cricket Subway “Prank”: Intentional Infliction of Emotional Distress?Sexual Harassment Lawsuit Against Best Buy
In a lawsuit captioned Batista v. Best Buy Stores, NY Sup Ct Index 151565-2016 (filed 2/25/16), plaintiff – a member of Best Buy’s “Geek Squad” – alleges that she was subjected to discrimination based on her gender and race. She asserts claims of gender discrimination, hostile work environment, constructive discharge, and retaliation. She alleges, among other things,…
Read More Sexual Harassment Lawsuit Against Best BuyLawsuit: Manhattan Mom Slaps Nanny, Tells Her to “Get the Fuck Out” of Her House
In a recently-filed lawsuit, Latchminarine v. Tombalakian (NY Sup Ct Index # 150450/2016 filed 1/19/16), plaintiff Nazmoon Latchminarine – a Manhattan nanny – claims that her (ex) boss Celia Tombalakian slapped her after she quit following a dispute about after-hours work-related texting. She asserts claims for assault, battery, and intentional infliction of emotional distress.
Read More Lawsuit: Manhattan Mom Slaps Nanny, Tells Her to “Get the Fuck Out” of Her House“Soldiers are Babies” Comment Supports PTSD Disability Discrimination Claim Under the NYC Human Rights Law
In Gorman v. Covidien, LLC, No. 13 CIV. 6486 (KPF), 2015 WL 7308659 (S.D.N.Y. Nov. 19, 2015), the court dismissed most of plaintiff’s employment discrimination claims, but permitted his disability discrimination claim under the NYC Human Rights Law to continue. This case, like all employment cases, arises from a complex tapestry of facts that, for…
Read More “Soldiers are Babies” Comment Supports PTSD Disability Discrimination Claim Under the NYC Human Rights LawSexual Harassment Etc. Claims Against Mixmaster Survive Motion to Dismiss Based on Geographical Reach of NYC Human Rights Law
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 LawFalse Imprisonment, Intentional Infliction of Emotional Distress Claims Continue Against Bank
In Shkreli v. JPMorgan Chase Bank, N.A., No. 13 CIV. 5647 LGS, 2015 WL 1408840 (S.D.N.Y. Mar. 27, 2015), plaintiff – a banker employed by defendant – asserted claims for false imprisonment and intentional infliction of emotional distress against his employer. The court held that plaintiff presented sufficient evidence to overcome summary judgment on both claims.…
Read More False Imprisonment, Intentional Infliction of Emotional Distress Claims Continue Against Bank