May 1, 2014

May 1, 2014 by mjpospis

Amputee’s Disability Discrimination Case Dismissed Due to “Oblique and Remote” Nature of Alleged Discriminatory Remark

In Greene v. Middletown, filed April 29, 2014, the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). In reaching its decision, Judge Cote cited and applied the “stray remarks” doctrine, which is used to evaluate whether allegedly discriminatory comments are…

Evidence of Bulging Disc and 20% Loss of Use of Cervical Spine Sufficient to Meet Serious Injury Threshold in Car Accident Case

In Herrera v. Dulisse, a car accident case, the Appellate Division, First Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s claim that she suffered a “serious injury”. Defendant “failed to establish his entitlement to judgment as a matter of law with respect to plaintiff’s claims under the ‘permanent consequential limitation of…