Home » Blog » Archives for App. Div. 1st Dept.

App. Div. 1st Dept.

In Matter of NYS Div. of Human Rights v. SUV Prod., Inc., 2017 NY Slip Op 02910 (NY App. Div. 1st Dept. April 13, 2017), the court unanimously confirmed the findings of the New York State Division of Human Rights’ (DHR) December 19, 2008 Order concluding that respondent subjected complainants to discrimination and a hostile work environment based […]

In Rivera v. United Parcel Serv., Inc., No. 303092/08, 2017 WL 1082764, at *1 (N.Y. App. Div. Mar. 23, 2017), the court upheld jury findings of gender discrimination and retaliation. This case illustrates, among other things, how workplace rumors/gossip can give rise to an actionable claim. As to plaintiff’s gender discrimination claim, the court explained: […]

In Scavetta v. Wechsler, 2017 NY Slip Op 01985 (App. Div. 1st Dept. March 16, 2017), the court applied the “vicious propensity” rule to affirm the summary judgment dismissal of a personal injury case arising from a dog escaping from an unsecured bike rack. At the same time, the court “acknowledge[d] plaintiffs’ persuasive argument that […]

In Uwoghiren v. City of New York, 2017 NY Slip Op 01782 (App. Div. 1st Dept. March 9, 2017), the court affirmed the summary judgment dismissal of plaintiff’s claim that he suffered a discriminatory failure to promote due to his national origin. From the decision: Plaintiff established prima facie that he was passed over for promotion under […]

In James v. 1620 Westchester Ave. LLC, 2017 NY Slip Op 01303 (App. Div. 1st Dept. Feb. 21, 2017), a personal injury case, the court held that plaintiff was not required to disclose medical records relating to “alcohol and drug treatment, mental health information, and HIV-related information”, even though plaintiff asserted that she suffered from anxiety […]

In Arifi v. Cent. Moving & Storage Co., No. 159334/12, 2017 WL 628321 (N.Y. App. Div. 1st Dept. Feb. 16, 2017), the court affirmed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s age discrimination claims. From the decision: In moving for summary judgment dismissing plaintiff’s claims for age-based employment discrimination under […]

In Ruiz v. Lenox Hill Hosp., No. 160377/15, 2017 WL 213802 (N.Y. App. Div. 1st Dept. Jan. 19, 2017), the First Department affirmed (in part) a lower court’s decision addressing plaintiff’s claims under New York’s general and health-care whistleblower laws (N.Y. Labor Law §§ 740 and 741) Here are plaintiff’s allegations, as summarized by the court: […]

In Chernov v. Securities Training Corp., 2017 NY Slip Op 00126 (App. Div. 1st Dept. Jan. 10, 2017), an employment (disability) discrimination case, the Appellate Division, First Department unanimously reversed a lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint. From the decision: Viewing the evidence in the light most favorable to plaintiff, the […]

In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of […]

From Humphries v. City Univ. of N.Y., 2017 NY Slip Op 00034 (App. Div. 1st Dept. Jan. 3, 2017): The motion court correctly determined that the State Human Rights Law retaliation claim (Executive Law § 290 et seq.) is barred by the doctrine of collateral estoppel (see Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert […]