October 2018

Happy Halloween! There are many instances of Halloween antics giving rise to litigation. As one (admittedly old) example, consider Daniels v. Manhattan and Bronx Surface Transit Operating Authority, 689 N.Y.S.2d 463, 464, 261 A.D.2d 115, 115 (N.Y.A.D. 1 Dept. 1999), in which the plaintiff sued a bus operator after being “struck in the left eye…

Read More Personal Injury Case Arising From Egg Thrown By “Halloween Miscreant” Dismissed

A new statute, New York Labor Law § 201-g (effective October 9, 2018), requires every employer to adopt a “sexual harassment prevention policy” that meets certain minimum requirements. The statute provides, inter alia: Such model sexual harassment prevention policy shall: (i) prohibit sexual harassment consistent with guidance issued by the department in consultation with the division…

Read More New York Requires Employers to Adopt Sexual Harassment Prevention Policy

In Stern v. State University of New York et al, 2018 WL 4863588 (EDNY Sept. 30, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court summarized the well-established law in this area: To establish a hostile work environment under Title VII …, a plaintiff must show that ‘the workplace is permeated…

Read More Hostile Work Environment Claim Not Sufficiently Alleged Against SUNY

In Mazzeo v. Mnuchin, 17-cv-2686, 2018 WL 4492847 (2d Cir. Sept. 19, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Rehabilitation Act. The court summarized the law: In order to…

Read More Retaliation Claim Properly Dismissed Against IRS; Disciplinary Threat Was Not an “Adverse Employment Action”

In Byfield-Aboagye v New York City Dept. of Educ., 2018 NY Slip Op 32644(U) (NY Sup. Ct. NY Cty. Index 158036/2016 Oct. 10, 2018), the court dismissed plaintiff’s (a probationary principal) discrimination and retaliation claims – specifically, by denying her Article 78 petition seeking reinstatement. From the decision: Petitioner speculates that discrimination may have played a role in…

Read More Probationary Principal’s Discrimination Claims Rejected

In Downey v. Adloox, Inc., 16-CV-1689, 2018 WL 5266875 (S.D.N.Y. Oct. 23, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s federal and state age discrimination claims. Among the evidence proffered by the plaintiff to demonstrate that he was a victim of age discrimination were comments referring to him as “old timer.” However,…

Read More Age Discrimination Case Dismissed, Despite “Old Timer” Comments

In Sanchez v. Morris Ave. Equities Corp., 2018 NY Slip Op 07071 (App. Div. 1st Dept. Oct. 23, 2018), a premises liability personal injury case, the court affirmed the denial of summary judgment to defendant. In this case, the plaintiff was assaulted in the gated alleyway leading to the boiler room and the superintendent’s apartment in…

Read More Defendant Denied Summary Judgment in Premises Liability Assault Case

In Mauze v. CBS Corporation, 15-CV-4905, 2018 WL 5115564 (E.D.N.Y., 2018), the court, inter alia, denied defendant’s motion for summary judgment as to her retaliation claims. In reaching this conclusion, the court explained: [Plaintiff] has … established a sufficient causal connection between her engagement in protected activity and her termination. See Gordon v. NYC Bd.…

Read More Retaliation, But Not Discrimination, Claims Survive Summary Judgment Against CBS