Author: mjpospis

In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor

In Boyce v. Weber, No. 160630/2017, 2019 WL 1470219, 2019 N.Y. Slip Op. 30864(U), 6 (N.Y. Sup Ct, New York County Apr. 03, 2019), the court allowed plaintiff – a male model – the opportunity to amend his complaint against photographer Bruce Weber to add a claim (to his existing claims alleging sexual harassment and…

Read More Court Permits Trafficking Victims Protection Act Claim to be Added to Complaint Against Photographer Bruce Weber

In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY

From NICOLE VITALE, Plaintiff, v. EQUINOX HOLDINGS, INC., Defendant., 2019 WL 2024504, at *6–7 (S.D.N.Y., 2019): [C]omments that the plaintiff was “too emotional” or reference to her as “young lady” made almost two years before her termination are insufficient to establish an inference of gender discrimination. “Verbal comments constitute evidence of discriminatory motivation when a…

Read More Gender Discrimination Claims Against Equinox Dismissed; “Too Emotional” Comment Too Remote in Time

A recent decision, Dotson v. City of Syracuse et al, 18-cv-750, 2019 WL 2009076 (N.D.N.Y. May 7, 2019), underscores that so-called “hostile work environment” claims require more than simply “derogatory”, “boorish”, or “offensive” language. The court summarized the well-established law applicable to plaintiff’s hostile work environment claim: In determining whether conduct constitutes a hostile work…

Read More Derogatory, Boorish Language Did Not Give Rise to Hostile Work Environment

In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. It also upheld the NYCCHR’s award of $200,000…

Read More Court Upholds NYC Commission on Human Rights’ $200k Emotional Distress Damage Award in Sexual Harassment / Constructive Discharge Case

In Serrano v. DTG Enter. Inc., 2019 NY Slip Op 03469 (App. Div. 1st Dept. May 2, 2019) – a rear-end collision car accident case – the First Department reversed the denial of plaintiff’s motion for summary judgment. From the decision: It is undisputed that Serrano made a prima facie showing that he was entitled…

Read More Plaintiff Gets Summary Judgment in Rear-End Collision Case; Lack of Turn Signal Was Irrelevant

In Forman v. Whitney Ctr. for Permanent Cosmetics Corp., 155762/2015, 2019 NY Slip Op 03451 (App. Div. 1st Dept. May 2, 2019), the court affirmed the dismissal of plaintiff’s lawsuit in which plaintiff alleged (inter alia) that defendant acted negligently in performing cosmetic tattooing on the plaintiff. From the decision: Defendants’ motion for summary judgment…

Read More Citing Express Approval, Court Affirms Dismissal of yebrow Tattoo Negligence Case Dismissed

In Laface v. Eastern Suffolk BOCES et al, 2019 WL 1959489 (EDNY May 2, 2019), the court, inter alia, dismissed plaintiff’s claim of discrimination under the Age Discrimination in Employment Act (ADEA). The court provides the following overview of the law: To plausibly allege an actionable ADEA discrimination claim based on hostile work environment, the…

Read More ADEA Discrimination/Hostile Work Environment Complaint Dismissed Against Eastern Suffolk BOCES