January 2014

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In Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…

Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights Law
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In Xiong Chen v. Weiqi Zhang, the Eastern District of New York recently denied both parties’ motions for summary judgment. Plaintiff worked as a waiter for Andy’s Restaurant in Brooklyn and made $150 per week before tips.  There were no records detailing plaintiff’s employment, his weekly work schedule, the hours he worked, or the money he…

Read More Factual Issues Preclude Summary Judgment in Overtime Case
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Snow and ice are common culprits in slip-and-fall cases.  If you are injured after slipping and falling on snow, ice, or other debris, you may have a claim for damages. In New York City, Section 16-123 of the New York City Administrative Code dictates when landlords and owners (among others) must remove snow, ice and dirt…

Read More New York City Law Regarding Removal of Snow and Ice
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In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case
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In Pickering v. Uptown Communications & Elec., Inc., the New York Supreme Court (Queens County) denied defendants’ motion for summary judgment on plaintiff’s “prior conviction” discrimination claim, but dismissed his race discrimination claim. Defendant Uptown, a contractor for Time Warner Cable of New York City, employed plaintiff as a cable technician. A criminal background check…

Read More Cable Technician’s Criminal Conviction Discrimination Claim Continues; Race Discrimination Claim Dismissed
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