Judge: Katherine B. Forrest – Pospis Law, PLLC

June 23, 2018 by mjpospis

Disability Discrimination Claim Dismissed Against Cablevision

In Melendez v. Cablevision Systems Corp., 17-cv-9161, 2018 WL 2727890 (S.D.N.Y. June 6, 2018), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). While the court deemed plaintiff’s complaint insufficient, it gives an indication as to what allegations might suffice. From the decision: [T]he complaint does not allege, even in…

Court Finds Severance Agreement Existed; Holds Defendant Liable for Breach of Contract

In Nusbaum v. E-Lo Sportswear LLC, 2017 WL 5991787 (S.D.N.Y. Dec. 1, 2017), teh court held that the plaintiff and defendant entered into a legally enforceable employment contract for, inter alia, nine months’ severance pay if plaintiff was terminated. In reaching this conclusion, the court applied the so-called “Winston factors”, based on Winston v. Midiafare…

Title VII Retaliation Claim Dismissed; Temporal Proximity Between “Protected Activity” and “Adverse Employment Action” Lacking

In Croci v. Town of Haverstraw et al, 2017 WL 6311697 (S.D.N.Y. Dec. 8, 2017), the court dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. The court held that plaintiff failed to make out a prima facie case of retaliation – and, in particular, that the requisite “temporal proximity”…