2013

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In Declercq v. WWP Office LLC, 2013 NY Slip Op 51552(U) (N.Y. Sup. Ct. N.Y. Co. Sept. 24, 2013), the court awarded partial summary judgment to plaintiff on his claim that he was injured after falling from a ladder. The court’s decision provides a good overview of the law under Labor Law § 240(1), and in particular…

Read More Employee Who Fell From Ladder While Cleaning Wins On Liability Under New York Labor Law § 240(1)
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In Terry v. County of Cayuga, decided Sept. 30, 2013, the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim that she was subjected to retaliation under the Family and Medical Leave Act. Plaintiff, an attorney, was fired the day she returned from her two-week FMLA leave. The FMLA entitles…

Read More FMLA Retaliation Claim Continues, Despite “Extensive Evidence” of Performance Issues
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In a recent rear-end collision case, Neat v. Pfeffer, Supreme Court, New York County (Judge Bluth) allowed defendant’s expert Dr. Fijan, a biomechanical engineer, to testify “as to the forces involved in the accident” but not “as to whether those forces could have caused plaintiff’s injuries.” The court reached this determination following a so-called Frye hearing to…

Read More Biomechanical Expert Permitted to Testify as to Forces, But Not Injuries
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The New York City Council recently (and unanimously) passed the Pregnant Workers Fairness Act, which will broaden the New York City Human Rights Law to include enhanced protections for pregnant workers.  (You can read more about the new legislation on the City Council’s website; Think Progress also summarizes it here.) The New York City Human Rights Law…

Read More New York City Council Passes “Pregnant Workers Fairness Act”
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In Matter of Allstate Insurance Co. v. Reyes, the Appellate Division, Second Department addressed the “ownership, maintenance or use” requirement necessary to trigger supplementary uninsured/underinsured motorist (SUM) coverage in connection with a car-related injury. Plaintiff was injured while passing a vehicle when a rottweiler dog “extended its head from inside the vehicle and bit her…

Read More Car Dog Bite Fails to Trigger SUM Coverage
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In Hanifan v Jo-Ann Fabric and Craft, a federal court recently granted summary judgment for a defendant employer, holding that the company handbook did not create a an enforceable contractual prohibition against retaliation for violating the handbooks’ terms. This decision confirms the narrow circumstances under which an employee handbook creates contractual rights justifying a deviation…

Read More Employer Handbook Did Not Create Contractual Rights
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Last Friday the Appellate Division, Fourth Department issued a short but sweet (for plaintiffs) Labor Law § 240 (1) decision. In Signs v. Crawford, plaintiff sustained injuries at a construction site owned by defendant “when a metal plate that was being hoisted by a jib fell and caught plaintiff’s glove, causing him to fall from scaffolding.” The trial…

Read More Scaffold Fall Results in Summary Judgment for Plaintiff Under Labor Law § 240(1)
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In DeVito v. Peri, a Brooklyn trial court recently awarded summary judgment to the defendant and dismissed plaintiff’s claims for medical malpractice, lack of informed consent, and wrongful death. The claims arose from the murder by the doctor’s patient (Mr. DeVito) of his wife (who was plaintiff’s mother). Specifically, plaintiff alleged that defendant doctor Peri…

Read More Zoloft-Prescribing Doctor Did Not Owe Duty to Patient’s Murder Victim
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The Appellate Division, First Department, today affirmed (in Renteria v. Simakov, 2013 NY Slip Op 06071) a grant of summary judgment in favor of plaintiffs, and the denial of summary judgment to defendants, in a case involving a rear-end collision. Defendant taxi driver Daza hit plaintiff in the rear after plaintiff stopped in the left lane…

Read More Court Affirms Summary Judgment for Plaintiff in Rear-End Collision Case
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Today, in Kreisler v. Second Avenue Diner Corp., the Second Circuit made new law regarding the rights of disabled persons to be free from discrimination in connection with their use and enjoyment of public facilities. Plaintiff-Appellee Todd Kreisler is a wheelchair-bound man suffering from cerebral palsy, arthritis, and asthma. He passed by defendants’ restaurant (d/b/a Plaza…

Read More Wheelchair-Bound Prospective Diner Patron Entitled to ADA Relief
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