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Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). It is not legal advice, and accessing or reading it does not create an attorney-client relationship between you and the firm. The Blog primarily provides general information regarding developments in the law of New York in our primary…

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In Quiros v. Hawkins, 2020 NY Slip Op 01020 (App. Div. 1st Dept. Feb. 13, 2020) – a personal injury / car accident / hit-in-the-rear case – the Appellate Division, First Department unanimously reversed the lower court’s denial of plaintiff’s motion for partial summary judgment on the issue of liability. From the decision: It is…

Read More Brake Failure Claim Insufficient to Avoid Judgment for Plaintiff in Rear-End Collision Car Accident Case

In Hodge v. New York City Transit Authority, No. 11006, 11007, 159612/18, 655191/18, 2020 N.Y. Slip Op. 01008, 2020 WL 716782 (N.Y.A.D. 1 Dept., Feb. 13, 2020), the Appellate Division, First Department, upheld the termination of petitioner’s employment. From the decision: The termination of petitioner Hodge’s employment based on conduct that, if proven in court,…

Read More Termination Did Not Violate Arrest/Conviction Discrimination Statutes, Court Finds

In Sampson Blair v. SUNY University at Buffalo, 2020 WL 695870 (W.D.N.Y. Feb. 11, 2020), the court dismissed plaintiff’s hostile work environment claim. While the court noted that the Second Circuit has not yet decided whether a hostile work environment claim may be made under the Americans with Disabilities Act, it observed that district courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Accommodation Request Insufficient

In Kloppel v. HomeDeliveryLink, Inc., 17-CV-6296, 2020 WL 38895 (W.D.N.Y. Jan. 3, 2020) (a wage/hour case in which plaintiffs assert New York Labor Law violations and unjust enrichment), the court, inter alia, denied defendant’s motion to compel plaintiff’s social media posts.[1]This decision also addresses other issues, e.g., the discoverability of plaintiffs’ tax records; this aspect…

Read More Social Media Discovery Denied in Wage/Hour Case

In Diaz v. New York City Dept. of Educ., No. 154597/2019, 2020 NY Slip Op 30341(U), 2020 WL 587339 (N.Y. Sup Ct, New York County Feb. 06, 2020), the court, inter alia,  dismissed plaintiffs’ claims of employment discrimination (including hostile work environment sexual harassment). Among other things, the court held that the Education Law’s Notice…

Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against NYC Dept. of Education; Notice of Claim Requirement Not Satisfied

In Denson v. Donald J. Trump For President, No. 101616/17, 10334, 10334A, 2020 N.Y. Slip Op. 00923, 2020 WL 573113 (N.Y.A.D. 1 Dept., Feb. 06, 2020), the court, inter alia, struck down arbitration awards – predicated on claimed violations of a non-disclosure, non-disparagement agreement (NDA) – against an ex-employee of Donald J. Trump’s presidential campaign.…

Read More Court Vacates Arbitration Award Against Former Trump Campaign Employee for Alleged NDA Violation

In Woolf v. Strada, 2020 WL 573386 (2d Cir. Feb. 6, 2020), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act of 1990, as amended. Specifically, the court addressed “whether Woolf’s inability to perform his particular job as a result of…

Read More Second Circuit Affirms Dismissal of Disability Discrimination Claim

In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court – after upholding a jury verdict in plaintiff’s favor on her hostile work environment/sexual harassment and negligent supervision claims – nevertheless found that the jury’s damage award was excessive. The court summarized the…

Read More Damage Award For Hostile Work Environment Held Excessive