2014

Here is the lawsuit recently filed by a teacher against the New York City Department of Education and principal Howard Kwait. Plaintiff alleges sexual harassment/hostile work environment and retaliation. For example, she alleges that the principal, Howard Kwait, made numerous sexual advances toward her, including on one occasion straddled and touched plaintiff and simulated sexual…

Read More Teacher Sues School (John Bowne) and Principal Howard Kwait for Sexual Harassment/Hostile Work Environment and Retaliation

The Second Circuit recently held, in Gayle v Harry’s Nurse Registry (Summary Order), that the plaintiffs were indeed employees, and not independent contractors. The decision is instructive as to the factors bearing on that analysis. Plaintiffs, a class of nurses, sued to recover unpaid overtime under the Fair Labor Standards Act (FLSA). The Eastern District of…

Read More Nurses Were Employees, Not Independent Contractors

In Ciliotta v. Ranieri, a dog bite case, the Supreme Court, Kings County, dismissed plaintiff’s case, finding that there was insufficient evidence that the dog had “vicious propensities” as required by New York law. It all started with a friendly discussion between neighbors. Involving thrown dog poo and choking: On April 14, 2011, Defendant Nicole…

Read More Brooklyn Dog Bite Case Dismissed Where Protective Dog Was Not Shown to Have “Vicious Propensities”

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…

Read More Co-Worker’s “N-Word” Use Supports Discrimination Claim

December 25, 2014 By Mail S. Claus Chief Executive Officer Claus Manufacturing, Inc. 25 Holiday Lane North Pole, AK 01225 Re: Deere v. Claus Mfg. Confidential and For Settlement Purposes Only Dear Mr. Claus: This law firm has been retained to represent Mr. Rudolph Deere (“Mr. Deere” or “our client”), a current employee of Claus…

Read More Deere v. Claus Manufacturing

As illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…

Read More Toy Gun Danger

In Stanziale v. City of New York, the Appellate Division, Second Department held that a pedestrian walkway on which plaintiff allegedly slipped and fell was not part of the “sidewalk” for purposes of the statute shifting liability to private property owners. In this case, the plaintiff slipped on fell on snow and ice on a pedestrian ramp abutting…

Read More Pedestrian Ramp Was Not Part of the “Sidewalk”; Ice Slip/Fall Case Dismissed

In Denis v. Home Depot, U.S.A., the Eastern District of New York recently permitted plaintiff to amend his complaint to add a claim for punitive damages. Plaintiff alleged that he sustained personal injuries resulting from a false arrest at a Nanuet, NY Home Depot store for attempted shoplifting. Here are the pertinent facts, as summarized…

Read More Plaintiff May Amend Complaint to Add Claim for Punitive Damages in False Arrest Lawsuit Against Home Depot