March 2014

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In DiLorenzo v S.I.J. Realty Co., LLC, the Appellate Division, Second Department affirmed the dismissal of plaintiff’s slip-and-fall claim. There, plaintiff sued the owner of the property where she fell, as well as the company which contracted to provide cleaning services at the premises. Generally: A plaintiff’s inability to identify the cause of her fall is…

Read More Failure to Identify Cause of Fall Dooms Slip-and-Fall Case
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In Walsh v. NYC Housing Authority, the Southern District of New York granted summary judgment to defendant on plaintiff’s gender discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, and dismissed without prejudice her claim under the New York City Human Rights Law. In…

Read More Court Dismisses Female Prospective Bricklayer’s Gender Discrimination Suit
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In Sarkis v. Ollie’s Bargain Outlet, the Second Circuit recently affirmed the district court’s dismissal of plaintiff’s claims that he had been subjected to a hostile work environment and retaliation in violation of  42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Plaintiff sought…

Read More Second Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation Claims
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In Suares v. Cityscape Tours, the Southern District of New York dismissed plaintiff’s claims for, among other things, hostile work environment and retaliation, and granted defendants’ motions for summary judgment. Plaintiff worked as a NYC double-decker bus tour guide. Plaintiff alleged that, at a holiday party, a co-worker (Singh) assaulted her. Specifically, she alleged that Singh…

Read More Court Dismisses Hostile Work Environment Claim, Citing “Swift Termination” of Co-Worker Who Sexually Assaulted Plaintiff
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In Sacks v. Gandhi Engineering, the Southern District of New York adopted a Report and Recommendation that defendant’s motion for summary judgment for disability discrimination under the Americans with Disabilities Act be denied (but that defendant’s motion as to plaintiff’s age and religious discrimination claims be granted). Plaintiff worked for defendant as a Senior Inspector…

Read More Plaintiff Presented Enough Evidence to Overcome Summary Judgment on His “Perceived Disability” Discrimination Claim
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Recently, the Second Circuit held, in Kwan v. Andalex Group, that the district court erroneously granted summary judgment to defendant on plaintiff’s retaliation claims. Plaintiff alleged that she was fired by defendant’s Chief Investment Officer about three weeks after she complained to defendant’s Chief Operations Officer about gender discrimination, namely, by asking him why she was “being…

Read More Pointing to Inconsistent Reasons for Termination, Second Circuit Vacates Dismissal of Retaliation Claims
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Below is the complaint filed yesterday by plaintiff Michelle Nelson against Con Edison and the owner (Kaoru Demler Murmatsu) of 1646 Park Avenue, one of the buildings that collapsed on March 12th following an apparent gas explosion, killing and injuring several people. Plaintiff alleges that, as a result of the explosion, she fell and sustained injuries…

Read More Harlem Gas Explosion Lawsuit
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White Castle can’t buy advertising like this. Below is a recent federal complaint, in which plaintiffs allege that they were arrested and struck by NYPD officers after refusing the officers’ demand for their White Castle food. According to a recent Gothamist article: Brooklyn residents Danny Maisonet and Kenneth Glover say that they procured White Castle meals on Halloween 2012…

Read More Lawsuit Alleges NYPD Officers Subjected Men to False Arrest and Police Brutality For Refusing to Hand Over White Castle Food
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In Lawson v. FMR, the Supreme Court recently broadened the reach of the Sarbanes-Oxley Act of 2002, which was enacted following the collapse of Enron Corporation. The whistleblower portion of the Sarbanes-Oxley Act, codified at 18 U.S.C. § 1514A, provides: No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent…

Read More Supreme Court Holds That Sarbanes-Oxley (SOX) Act Protects Employees of Private Contractors
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