December 2017

As 2017 draws to a close, I would like to take the opportunity to reflect on the prior year. This has been a relatively busy year for the firm. We have continued our fight against injustice in the workplace and in other contexts. We have resolved several cases, and been retained in several additional matters.…

Read More Pospis Law Year In Review: 2017

In Carvalho v. Associated Brands Inc., No. 17-622-cv, 2017 WL 6616707 (2d Cir. Dec. 28, 2017) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s denial-of-promotion claim under the Americans with Disabilities Act (ADA). As to that claim, plaintiff argued that the defendant discriminated against him based on his anxiety disorder by denying…

Read More ADA Denial-of-Promotion Claim Properly Dismissed; Pretext Argument Was “Mere Speculation”

In International Business Machines Corporation v. Naganayagam, 2017 WL 5633165 (S.D.N.Y. Nov. 21, 2017), the court explained and applied the “employee choice doctrine” pertaining to restrictive covenants in a contract of employment. Initially, the court found that the defendant breached his employment contract with IBM (his former employer) by proceeding to work for a competitor,…

Read More Court Explains the “Employee Choice Doctrine” Relating to Non-Competition Agreement

In Shellogg v. DST Russian and Turkish Bath, Inc. et al, 2017 WL 6602277, 2017 NY Slip Op 51914(U) (App. Term, 1st Dept. Dec. 22, 2017) (unpublished), the court reversed summary judgment for defendants on plaintiff’s claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Here are…

Read More Punishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish Baths

In Lation v. Fetner Properties, Inc., 2017 WL 6550691 (S.D.N.Y., 2017), the court addressed claims by a Manhattan building concierge (plaintiff Lation) arising from harassment by a resident of, and an owner of one unit in, the condominium where plaintiff worked (defendant Thomas Chiu). The court compelled arbitration against Defendants 1212 Fifth Avenue Condominium and Fetner…

Read More Concierge Sufficiently Alleges Intentional Infliction of Emotional Distress, But Not Employment Discrimination, Claims Against Building Resident

In DeMarzo v. Urban Dove, Inc., 2017 NY Slip Op 32612(U) (NY Sup. Ct. Kings Cty., 500466/13, Nov. 21, 2017), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination and retaliation claims under the NYS and NYC Human Rights Laws on the ground that plaintiff failed to file a Notice of Claim. The governing statute, Education…

Read More State, City Human Rights Law Claims Are Not “Torts” Under Notice of Claim Statute, Court Holds

Pospis Law has been retained to represent, and obtain compensation for, a client involved in a terrible moving vehicle accident. Our client – a beloved grandmother (affectionately known as “Grandma”) – was, while lawfully walking home from a holiday party on Christmas Eve, struck by a vehicle being operated in a negligent manner. In addition…

Read More Grandma v. Claus Manufacturing, et al

In Ryan v. New York City Health & Hosps. Corp., 2017 NY Slip Op 32627(U) (Sup. Ct. NY Cty. Index 152457 /17 Dec. 15, 2017), the court, inter alia, dismissed plaintiff’s New York Labor Law 740 whistleblower claim. This action arose from an incident in which plaintiff was “attacked and forcibly pushed” by another employee, resulting in…

Read More Whistleblower Claim Dismissed; Workplace Violence Was Not a “Public Hazard”

In Khater v. API Industries d/b/a Aluf Plastics, Inc., 2017 WL 6515531 (S.D.N.Y. Dec. 19, 2017), the court dismissed plaintiff’s hostile work environment claim because plaintiff failed to “exhaust administrative remedies” at the U.S. Equal Employment Opportunity Commission with respect to that claim. This decision illustrates the pitfalls present when pursuing federal employment discrimination claims,…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC