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December 26, 2015

Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding developments in the New York law in our primary practice areas of employment discrimination, sexual harassment, and personal injury. In addition to our general website disclaimer (which is incorporated by reference), the following […]

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Sexual Harassment Complaint Filed Against CBS Radio Et Al

July 19, 2018

In a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual […]

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Hostile Work Environment Sexual Harassment Claim Dismissed; Evidence of Use of the Word “Bitch” and “Punching” Held Insufficient

July 18, 2018

In Fullwood v. Sodexo, Inc. et al, 16-cv-6527, 2018 WL 3439866 (WDNY July 17, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims. As to her sex-based claim, the court explained: Plaintiff also claims that sexual harassment caused a hostile work environment. Pl. Mem. at 20. The Court has reviewed […]

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Dog Bite Personal Injury Case Dismissal Affirmed

July 17, 2018

In Lillo-Arouca v. Masoud, 2018 NY Slip Op 05150 (App. Div. 2d Dept. July 11, 2018), the court affirmed the dismissal of plaintiff’s amended complaint alleging personal injuries arising from a dog bite. Here is the law, as summarized by the court: To recover upon a theory of strict liability in tort for a dog bite or […]

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Court Discusses “Aggregation” Approach to Hostile Work Environment

July 16, 2018

In Daniel v. T&M Protection Resources LLC, 13-cv-43842018 WL 3388295 (S.D.N.Y. July 12, 2018), the court addressed what it characterized as “a threshold legal question,” namely, “whether a plaintiff may aggregate evidence of racial and sexual harassment to support a hostile work environment claim where neither charge could survive on its own.” On this issue, […]

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Hostile Work Environment Claim Survives Dismissal

July 15, 2018

In Smith v. The City of New York, 16-cv-9244, 2018 WL 3392872 (S.D.N.Y. July 12, 2018), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the New York State Human Rights Law and the NYC Human […]

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Electrocution Injury Case Against Employer’s Landlord Survives Summary Judgment

July 14, 2018

In DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From […]

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Commission Claim Dismissed; Statute of Frauds Applied

July 13, 2018

In Leist v. JMC Pharmacy Inc., 2018 NY Slip Op 04974 (App. Div. 1st Dept. July 5, 2018), the court unanimously affirmed the dismissal of plaintiff’s claim for breach of contract. From the decision/order: There is no written contract, and the documents submitted by plaintiffs in an effort to show a purported meeting of the minds […]

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“Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment Denied

July 12, 2018

In a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and […]

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Gender Discrimination Claim Dismissed; Sexual Harassment Allegation Not Motivated by Discriminatory Animus

July 11, 2018

In Durden v. Metropolitan Transit Authority, 17-cv-5558, 2018 WL 3360757 (S.D.N.Y. July 10, 2018), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that it grant defendant’s motion to dismiss plaintiff’s claim for gender discrimination under Title VII of the Civil Rights Act of 1964. The facts, in sum: plaintiff was accused by a […]

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Statutory Discrimination Claims Held Not Subject to Arbitration Agreement

July 10, 2018

In Agostini v. EmblemHealth, Inc. et al, 16-cv-7119, 2018 WL 3350324 (S.D.N.Y. July 9, 2018), the court held that plaintiff was entitled to pursue her claims in federal court, notwithstanding the existence of an arbitration provision in the Collective Bargaining Agreement (CBA) between her union and her employer. Here’s the law, as summarized by the […]

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