2013

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In Stoler v. Institute for Integrative Nutrition, the Southern District of New York held that plaintiffs adequately pled claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and the New York City Human Rights Law (NYCHRL).  Defendants moved to dismiss plaintiffs’ claims under FRCP…

Read More Pointing to “Maternity Projection Chart”, Court Finds That Plaintiffs Sufficiently Alleged FMLA and Retaliation Claims Based on Unfair Treatment Due to Pregnancy and Maternity Leave Requests
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In Diaz v. 5-01-5-17 48th Avenue, LLC, the Second Department recently reversed a denial of summary judgment for plaintiff, and found that plaintiff established his entitlement to summary judgment, on his claim under New York Labor Law § 240(1). Initially, the court held that “no triable issue of fact existed as to the defendants’ ownership or…

Read More Fall From Collapsing, Unsecured Ladder Results in Summary Judgment for Plaintiff Worker in Labor Law § 240(1) Case
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Here is the complaint recently filed in New York state court by plaintiffs Jeanette Grullon, Jenny Mejia, and Sandra Pozo against Catholic Charities Neighborhood Services, Inc. Plaintiff allege that they were “sexually harassed by their African-American male supervisor at Catholic Charities, where they were employed. When they complained about the sexual harassment, they were intimidated and accused…

Read More Sexual Harassment Lawsuit Against Catholic Charities Neighborhood Services
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Below and here is the complaint filed in New York state court on Wednesday by yoga instructor Dilek Edwards against Charles V. Nicolai and Stephanie Adams. Plaintiff alleges that defendants fired plaintiff, allegedly because Ms. Adams was jealous of plaintiff’s working relationship with her husband (Nicolai). It also alleges that, as a result of a complaint…

Read More Yoga Instructor’s Sexual Harassment and Gender Discrimination Complaint Against Charles Nicolai and Stephanie Adams
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In Barenboim v. Starbucks, the Second Circuit (by Summary Order) yesterday held that Starbucks shift supervisors are not precluded by New York Labor Law § 196-d from sharing in tips.  The decision follows the New York Court of Appeals’ decision this summer that answered a certified question regarding the interpretation of that statute. The New York…

Read More Starbucks Shift Supervisors May Share in Tips
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In Freeman v. City of New York (decided November 20, 2013), the Appellate Division, Second Department held that plaintiff failed to state a claim for relief. Plaintiff alleged that her mother Yvonne Freeman died after the December 27, 2010 blizzard because defendants “were negligent in failing to provide emergency services, and in failing to prepare for,…

Read More Trial Court Should Have Dismissed Blizzard Death Lawsuit Due to Absence of “Special Relationship”
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In Kennington v. 226 Realty LLC, the court denied defendant’s motion to dismiss plaintiffs’ complaint alleging sexual harassment and age discrimination. Although the court held only that the plaintiffs state a claim for relief (without determining the ultimate issue of liability), this case is instructive as to how to plead discrimination claims under the New…

Read More Plaintiffs Sufficiently Alleged Sexual Harassment and Age Discrimination Claims Under the New York City Human Rights Law
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This week in Litzman v. City of New York, Southern District of New York Judge Harold Baer largely sided with plaintiff, Probationary New York City Police Officer Fishel Litzman, in his lawsuit alleging religious discrimination. Plaintiff follows the rules and traditions of the Chabad Lubavitch Jewish community, and his Orthodox Jewish faith prohibits him from…

Read More SDNY Holds That NYPD Failed to Reasonably Accommodate Jewish Officer’s Religious Beliefs
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In Denermark v 2857 W. 8th St. Assoc., a trip and fall case, the Appellate Division, Second Department reversed a grant of summary judgment to defendants. Plaintiff was injured when she “overstepped” a single step and caused her to trip and fall onto the adjacent sidewalk while exiting a building owned by defendant 2857 West 8th…

Read More Right of Entry to Make Repairs Subjected Out-of-Possession Landlord to Liability in Trip and Fall Case
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In Benyard v. White Plains Hosp. Medical Center, the Southern District of New York granted summary judgment to defendants on plaintiff’s age discrimination claims. This case illustrates (among other things) that it is not enough for an age discrimination plaintiff to point to her years of service and replacement by a younger worker. This is…

Read More Age Discrimination Plaintiff Was Unable to Show Pretext, and General Complaints Did Not Support Retaliation Claim
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