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Breach of Contract

In Hermés of Paris, Inc. v. Swain, No. 16-CV-6255 (CM), 2016 WL 4990340 (S.D.N.Y. Sept. 13, 2016), the court granted the request by petitoner (Hermes) to compel arbitration of the respondent/employee’s claims. Respondent, who worked in one of Hermes’ retail locations, filed a lawsuit in New Jersey state court alleging claims of sexual orientation discrimination, creation of […]

In Holahan v. 488 Performance Group, Inc., 2016 NY Slip Op 04311 (App. Div. 1st Dept. June 2, 2016), the court affirmed the dismissal of plaintiff’s breach-of-employment-contract claim, as well as her claims of unjust enrichment, promissory estoppel, fraud, and negligent misrepresentation. From the decision: Plaintiff’s breach of contract claim, which alleged that the corporate defendant […]

In a lawsuit filed on March 25, 2016 in Manhattan federal court, Durazzo v. BRG West Village LLC 16-cv-02232, the plaintiff alleges that he was denied the opportunity to purchase his West Village Apartment because he has cancer, in violation of the federal Fair Housing Act. (He also asserts claims for breach of contract.) The federal Fair […]

In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a Vietnam-born naturalized U.S. citizen, alleged that her Bosnian supervisor “discriminated [against], harassed, intimidated, and threatened her on a regular basis” and that she was constructively […]

An employee of the Metropolitan Repertory Ballet alleges in a recent lawsuit, Volpe v. Anthony Carmine Paniccioli et al (NY Sup. Ct., NY Cty., Index # 159739/2015, filed 9/21/15), that her boss, defendant Paniccioli, subjected her to sexual assault and sexual harassment and breached an agreement to pay her for her work on a movie […]

Many employers use handbooks or manuals that provide details and instructions to employees regarding the terms and conditions of employment. Under certain limited circumstances, an employment manual/handbook may the source of contractual rights. A recent decision, Kunda v. Caremark PhC, L.L.C., No. 14-CV-6125 JFB AYS, 2015 WL 4768817 (E.D.N.Y. Aug. 13, 2015), addresses the issue. In that case, the […]

Model/actress Shoshana Roberts made headlines awhile back when she made a video, titled “10 Hours of Walking in NYC as a Woman”, to illustrate the issue of “street harassment”. In a recently-filed $500,000 lawsuit, she asserts against various defendants (including Rob Bliss Creative LLC, Hollaback! Inc., Google, and YouTube) the following claims: [Q]uantum meruit, breach of […]

In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment […]

In a March 6, 2015 decision, the New York Supreme Court recently dismissed “Dating Naked” contestant Jessie Nizewitz’s $10 million lawsuit against Viacom. In sum, plaintiff alleged that although defendants promised her “that all frontal and genital nudity would be blurred out when the show was broadcast”, defendants “did not blur out her vagina and […]

In Miron Properties, LLC v. Eberli (App. Div. March 10, 2015), a breach of contract/brokerage commission case, the Appellate Division, First Department affirmed summary judgment for defendant dismissing the complaint. In ruling for defendant, the court (tersely) stated: Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability […]