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NY Supreme Queens

In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s […]

In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of […]

In Mantione v. C. Berman Associates, 2016 NY Slip Op 30655(U) (NY Sup. Ct. March 4, 2016), the court discussed and applied the “single employer” rule. Defendant moved to dismiss plaintiff’s hostile work environment/sexual harassment allegations under the New York State Human Rights Law, on the ground that the entities involved have less than four […]

In Lago v. Wen Management Corp., 2016 WL 165834 (N.Y. Sup. Qns. Jan. 8, 2016), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination, gender discrimination, and retaliation claims. The court held that plaintiff’s discrimination claims faltered at the first step of the analysis (i.e., he failed to demonstrate a prima […]

In Shenkelbakh v. Riera (N.Y. Sup. Ct. Qns. Cty Aug. 17, 2015), a personal injury bicycle accident case, plaintiff bicyclist sued after being hit by defendant driver. The jury returned a verdict in defendant’s favor, and absolved defendant of liability. The court granted plaintiff’s CPLR 4404(a) motion to set aside the jury verdict. Here are the undisputed facts, […]

In Gewirtz v. New York City Dept. of Educ., 2015 NY Slip Op 50713(U) (NY Sup. Qns. Cty. May 4, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination (failure to accommodate) and retaliation claims under the New York State Human Rights Law (SHRL) and New York City Human Rights Law (CHRL). […]

A recent case, Gonzalez v. City of New York (decided by the Supreme Court, Queens County on May 4, 2015) represents yet another example of why parties to litigation – or persons who contemplate being a party to litigation – should refrain from posting on social media anything whatsoever concerning their claims. In this personal injury case, […]

No one likes/wants to be sued. Process servers – people hired by attorneys to deliver litigation papers to a named defendant – are, therefore, not exactly “welcome” when they attempt to serve papers on a defendant. A recent case, Galtieri v. Uptown Communications & Electric, Inc. and Jonathan Smokler, Sup. Ct. Qns. Cty. 19589/2012, illustrates […]

In Diggs v. Oscar De La Renta, LLC (decided Dec. 9, 2014), a race discrimination case, the Supreme Court, Queens County denied defendants’ motion for summary judgment on plaintiff’s discrimination claim under the NYC Human Rights Law and her retaliation claims under the NYC and NYS Human Rights Laws. According to plaintiff, twice on second […]

If a picture is worth a thousand words, a video must be worth… more. A recent decision, Franco v. Palmer (Supreme Court, Queens County, decided December 1, 2014), illustrates the significant benefits of video evidence in a car accident case. The court granted summary judgment to the plaintiff, finding that a surveillance video of an […]