August 27, 2013 - Pospis Law, PLLC

August 27, 2013 by mjpospis

City Human Rights Law Claims Are Not Barred By Whistleblower Law’s Election of Remedies Provision

Today Judge Reyes of the Eastern District decided Cabrera v. Fresh Direct, which narrowly interprets the waiver provision of New York’s Whistleblower Statute, Labor Law § 740. Plaintiff initially alleged gender and disability discrimination claims under the New York City Human Rights Law. She then sought to amend her complaint to add a § 740 claim. That claim…

Court Awards Summary Judgment to Plaintiff Whose Car Was Hit While Stopped

A Nassau County trial court recently granted summary judgment to a plaintiff whose car was hit while stationary. The case is Fontaine v. Curtin, 5659/12, NYLJ 1202616726798, at *1 (Sup., NA, Decided July 26, 2013). The facts: Plaintiff … was traveling westbound on Lafayette Street and came to a stop at the stop sign located at…