Vicarious Liability

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In Norwood v Simon Property Group, No. 2017-11874, 5155/12, 2021 N.Y. Slip Op. 07006, 2021 WL 5913212 (N.Y.A.D. 2 Dept., Dec. 15, 2021), the court discussed and applied the doctrine of “respondeat superior” to deny a motion to dismiss plaintiff’s claims against a movie theater for the actions of one of its managers. Here are…

Read More “Respondeat Superior” Applied Against Movie Theater For Manager’s Alleged Use of Pellet Gun Against Patron
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In Bailey v. The Brooklyn Hospital Center (NY Sup  Ct. NY Cty. Index No. 160752/2013 (Jan. 5, 2017), the court dismissed plaintiff’s sexual harassment claim under the New York City Human Rights Law on the ground that Brooklyn Hospital Center was not vicariously liable for the actions of the alleged harasser. Vicarious liability under the…

Read More Brooklyn Hospital Center Not Vicariously Liable for Sexual Harassment, Court Holds
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In Croci v. Town of Haverstraw, No. 2015-01366, 2017 WL 99235 (N.Y. App. Div. 2d Dept. Jan. 11, 2017), a New York appellate court upheld the dismissal of plaintiff’s sexual harassment case. This decision is instructive on when an employer will be vicariously liable for sexual harassment under the New York State Human Rights Law. Here…

Read More Town Not Vicariously Liable for Co-Worker’s Alleged Sexual Harassment; Summary Judgment Affirmed
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In Fauntleroy v. EMM Group Holdings LLC, the First Department held that plaintiff presented enough evidence to overcome summary judgment on his claims for personal injuries arising from a fight with a security guard hired by one of the defendants. The appellate court unanimously reversed the lower court’s order granting summary judgment to defendants, explaining: Defendants’…

Read More Lawsuit Brought By Plaintiff Punched in Face by Nightclub Security Guard Continues
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In Suarez v. City of New York (EDNY 11-cv-5812 March 31, 2015), the Eastern District of New York dismissed the claims by plaintiff, a deckhand on the Staten Island Ferry (and employed by the NYC Department of Transportation), that she was sexually harassed by Warren, an AlliedBarton security guard, under the NYC Human Rights Law (NYCHRL). Addressing…

Read More Staten Island Ferry Security Company Not Liable For Sexual Harassment Perpetrated by its Employee Against Non-Employee Deckhand
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Randolph v. Rite Aid of N.Y., Inc. (decided Oct. 28, 2014) provides yet another reason not to attempt shoplifting: baseball bat-yielding security guards. In this case, the Appellate Division, First Department affirms the dismissal of plaintiff’s case against Rite Aid: In this action seeking recovery for personal injuries, plaintiff alleges that on October 13, 2004, after…

Read More Shoplifting Baseball Bat Case Dismissed
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In Kennington v. 226 Realty LLC, the court denied defendant’s motion to dismiss plaintiffs’ complaint alleging sexual harassment and age discrimination. Although the court held only that the plaintiffs state a claim for relief (without determining the ultimate issue of liability), this case is instructive as to how to plead discrimination claims under the New…

Read More Plaintiffs Sufficiently Alleged Sexual Harassment and Age Discrimination Claims Under the New York City Human Rights Law
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Seems like a straightforward question, right?  It’s the boss, the head honcho, the big cheese, the person who tells you what to do and (in some cases) is the subject of social media ranting.  However, the question is not so clear under federal anti-discrimination law, as illustrated by a case before the U.S. Supreme Court.…

Read More Who Is A “Supervisor”?
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