Judge: Margaret A. Chan

In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Lopez v. Bendell, No. 156292/2017, 2021 WL 826394 (N.Y. Sup Ct, New York County Mar. 03, 2021) – an employment discrimination case – the court addressed several of defendants’ discovery requests, including, inter alia,[1]While this decision also addresses defendants’ motion to compel other discovery, e.g., an independent medical examination, tax records, authorizations for government benefits,…

Read More Social Media Discovery Addressed, Limited in Employment Discrimination Case
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In Wright v. Liao, No. 157161/2017, 2020 WL 41671 (N.Y. Sup Ct, New York County Jan. 03, 2020), the court discussed and addressed the issue of who is entitled to the protections of the New York State and City Human Rights Laws. Specifically, the court explained: In order to determine who is an employee under…

Read More Court Finds Issues of Fact as to Whether Plaintiff Was Protected by the New York State and City Human Rights Laws
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In New York practice, “consolidation” is the mechanism for joining two or more actions into one. In Lopez v. Bendell, No. 156292/2017, 2019 WL 6216089 (N.Y. Sup Ct, New York County Nov. 18, 2019), the court, inter alia, denied defendant’s motion to consolidate two actions – one asserting discrimination based on race and national origin under…

Read More Consolidation of Discrimination and Wage Actions Denied
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In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case
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