Notice of Claim

In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
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It has been reported that the former personal secretary to Glenn Jorgensen, the Town of Smithtown Superintendent of Highways, has settled her claims of sexual harassment, hostile work environment, and wrongful termination against the Town and Jorgensen for $75,000. In her Dec. 9, 2014 Notice of Claim (below), Ms. Smith alleged, among other things, that Jorgensen…

Read More $75,000 Sexual Harassment/Hostile Work Environment Settlement Against Town of Smithtown and Highway Superintendent Glenn Jorgensen
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Last year, a Times Square Spiderman, Junior Bishop, was criminally charged with punching a police officer. Following the dismissal of his criminal case, he has taken steps to sue the City for, among other things, his alleged false arrest. Here are the petition in support of his request to file a late “notice of claim” and…

Read More Spiderman, Plaintiff
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In DiGiacomo v. Town of Babylon (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Here are the facts of this personal injury case, the six-year old plaintiff was injured when she fell from a “monkey bar”. According to her testimony: [P]rior to her accident,…

Read More “Monkey Bar” Playground Injury Case Continues
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In Margerum v. City of Buffalo, 2015 NY Slip Op 01378 [24 NY3d 721] (N.Y. Ct. App. Feb. 17, 2015), the New York Court of Appeals held that a notice of claim need not be filed for a Human Rights Law claim against a municipality. In this case, plaintiffs – 12 white firefighters – alleged that…

Read More Discrimination Claims Under the Human Rights Law Are Not Subject to New York’s Notice of Claim Requirement, Court of Appeals Holds
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If you have been injured due to the negligence of a municipal entity (such as the City of New York), you will need to file a document known as a “Notice of Claim” within a fixed deadline after the accident or event in order to protect your rights. Failure to do so may result in dismissal…

Read More What is a “Notice of Claim”?
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A recent First Department decision, Cambio v. City of New York (decided June 19, 2014), underscores the notice function of a “notice of claim” and held that the plaintiff’s subsequent deviation from allegations in his notice of claim mandated dismissal. The facts: Plaintiff, who is legally blind, alleged in his notice of claim that he…

Read More Trip/Fall Claims Dismissed Where Litigation Theory Deviated From That Asserted in Notice of Claim
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In Herling v. New York City Department of Education, decided April 23, 2014, the Eastern District of New York held that plaintiff stated a claim for discrimination based on race and religion, but not retaliation. Plaintiff, who is Jewish, alleged that he was subjected to discrimination by the school’s African-American principal, defendant Gray. He claimed,…

Read More Physical Education Teacher States Claim for Religious Discrimination Against Department of Education
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Under New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…

Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design
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