February 2014

by

Sketch of stick figure dizzy after baseball hit Sketch of stick figure dizzy after baseball hit

In Cocco v. City of New York, the Appellate Division, First Department yesterday affirmed the dismissal of a personal injury lawsuit arising from an errant baseball striking the plaintiff. “[P]laintiff alleges that she was walking on the sidewalk, heading south on Lexington Avenue between 96th and 95th Streets, when a baseball coming from a schoolyard, owned…

Read More Baseball to Face But Sadly No Case
Share This:
by

Pride parade with rainbow flags on city street Pride parade with rainbow flags on city street

Recently, in Southerland v. Woo, 99 Civ. 3329, 2014 WL 704327 (EDNY 2014), Eastern District of New York Judge Brian Cogan denied attorney Brian King admission pro hac vice – a legal term meaning admission “for this occasion only” – in the retrial of a civil rights matter brought by a father and his children against a former…

Read More Citing Lack of Respect and Unfamiliarity With Rules, Court Denies Lawyer Admission Pro Hac Vice
Share This:
by

Smiling man with round glasses and bow tie Smiling man with round glasses and bow tie

In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim Fails Where Discipline Preceded Complaint of Harassment
Share This:
by

Smiling man in suit with law books Smiling man in suit with law books

In Pryor v. Jaffe & Asher, the Southern District of New York held that plaintiff adequately stated claims for hostile work environment, gender discrimination, and constructive discharge. Here are the facts, taken from plaintiff’s complaint: Defendant Jaffe & Asher is a law firm doing business in New York, New York. Defendant Jeffrey Tseng, an employee…

Read More Plaintiff Sufficiently Alleged Hostile Work Environment, Gender Discrimination, and Constructive Discharge Claims Against Law Firm
Share This:
by

Post thumbnail

In Degen v. Uniondale Union Free School District, the Appellate Division, Second Department recently affirmed the denial of plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim. “In order to establish liability under Labor Law § 240(1), there must be a violation of the statute, and the violation must be a proximate cause…

Read More Plaintiff Denied Summary Judgment on Labor Law § 240(1) Claim
Share This:
by

Green PL monogram logo on white background Green PL monogram logo on white background

Below is the New York State Court complaint alleging sexual assault by a massage patron, as reported in today’s New York Post. Specifically, plaintiff Lauren Leakey claims that, during a massage while at the Setai Spa and Club‘s Wall Street location in April 2013, she was sexually assaulted by Setai employee Jason Turner. In particular, plaintiff alleges (among…

Read More Sex Assault Lawsuit Against Setai Spa and Club
Share This:
by

Man in pink blazer and blue bow tie Man in pink blazer and blue bow tie

I’ve spent many Saturdays wandering around Barnes & Noble bookstores. Years ago I would frequent the Astor Place store; after it closed my go-to location became the Union Square store. That was my awkward segue into today’s post, about a slip-and-fall case against the behemoth bookseller. The accident in this case, Seleman v. Barnes & Noble, occurred…

Read More Escalator Slip/Fall Case Against Barnes & Noble Continues
Share This:
by

Smiling man in glasses and bow tie Smiling man in glasses and bow tie

In Chepak v. Metropolitan Hospital (Summary Order), the Second Circuit recently vacated a trial court’s judgment dismissing plaintiff’s Equal Pay Act and Title VII discrimination claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court noted that “a complaint alleging workplace discrimination and retaliation need not allege specific facts…

Read More Second Circuit Revives Equal Pay Act and Title VII Discrimination Claims
Share This:
by

Galvanized conduit coupling with set screws Galvanized conduit coupling with set screws

In Fabrizi v. 1095 Ave. of the Americas, the New York Court of Appeals addressed the issue of what constitutes a safety device within the meaning of Labor Law § 240(1). That statute, known as the “Scaffold Law”, provides: All contractors and owners and their agents, except owners of one and two-family dwellings who contract for…

Read More Court of Appeals Clarifies What is a Labor Law § 240(1) Safety Device
Share This:
by

New York City skyline at sunset with skyscrapers New York City skyline at sunset with skyscrapers

In Glaser v. Gap Inc., the Southern District of New York denied defendant’s motion for summary judgment on plaintiff’s disability discrimination and failure to accommodate claims under the Americans with Disabilities Act (ADA) and the broader New York State Human Rights Law (NYSHRL). Plaintiff is a 37 year-old man who suffers from autism and who…

Read More Autistic Man’s Disability Discrimination Claims Continue
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.