July 2014 - Pospis Law, PLLC

July 31, 2014 by mjpospis

Alleged “Rape Cop” Kenneth Moreno’s $175 Million Lawsuit Against Accuser and Others

Here is the complaint filed on July 30th in Bronx Supreme Court by alleged “rape cop” Kenneth Moreno against various parties, including the woman he was accused (but acquitted) of raping, the City of New York, and Manhattan District Attorney Cyrus Vance. According to a Reuters article on the suit, plaintiff “claims that city prosecutors ignored credibility…

Share This:

July 31, 2014 by mjpospis

NY Court of Appeals Strikes Down Albany’s “Cyberbullying” Law

Bullying is bad, but free speech is important. That’s the (extremely simplified) gist of People v. Marquan M., a Court of Appeals Decision dated July 1, 2014. The court, in an opinion authored by Judge Graffeo, held that an Albany Law aimed at prohibiting “cyberbullying” was unconstitutional. The facts, according to the court: [Defendant], a student…

Share This:

July 30, 2014 by mjpospis

Second Circuit Vacates Summary Judgment for Employer in Race Discrimination Case

Kirkland v. Cablevision Systems, decided by the Second Circuit on July 25, 2014, is an example of when summary judgment is inappropriate in an employment discrimination case. The court vacated the district court’s grant of summary judgment for defendant employer Cablevision Systems on pro se plaintiff Garry Kirkland’s race discrimination and retaliation claims under Title VII of…

Share This:

July 29, 2014 by mjpospis

Ground Zero Cross Can Stay, Second Circuit Holds

In American Atheists v. Port Authority of New York and New Jersey, the Second Circuit yesterday affirmed the district court’s March 28, 2013 dismissal of a lawsuit challenging the display in the National September 11 Museum of a cross-shaped beam (known as the “Cross at Ground Zero”) recovered from the World Trade Center wreckage. Plaintiffs…

Share This:

July 29, 2014 by mjpospis

9/11-Related PTSD Disability Discrimination Case Continues

Goonan v. Federal Reserve Bank of New York, decided July 22, 2014, illustrates an employer’s obligation to reasonably accommodate employees with known disabilities and to engage in an “interactive process” to determine what accommodation(s) are appropriate. Plaintiff, who worked for the Federal Reserve Bank of New York for 25 years, suffers from Post-Traumatic Stress Disorder…

Share This:

July 28, 2014 by mjpospis

“Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary Judgment

In Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…

Share This:

July 27, 2014 by mjpospis

What is a “Notice of Claim”?

If you have been injured due to the negligence of a municipal entity (such as the City of New York), you will need to file a document known as a “Notice of Claim” within a fixed deadline after the accident or event in order to protect your rights. Failure to do so may result in dismissal…

Share This:

July 26, 2014 by mjpospis

Watering Sidewalk + Marble Floor + No Mats = Continuation of Slip/Fall Case

In DiVetri v. ABM Janitorial Services (decided July 24, 2014) the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment. In this personal injury case, plaintiff slipped and fell on water she tracked onto the marble lobby floor of a building she entered. The water came from a hose being used by defendant’s…

Share This:

July 25, 2014 by mjpospis

President Obama Issues Executive Order Protecting LGBT Federal Employees

On July 21, 2014, President Obama issued an Executive Order which grants protections to workers at federal contractors and in the federal government from discrimination on the basis of sexual orientation and gender identity.

Share This:

July 24, 2014 by mjpospis

Sexual Harassment Lawsuit by Hanna Bouveng Against NYG Capital and Benjamin Wey

Here is the recently-filed complaint against NYG Capital and its CEO Benjamin Wey. Plaintiff Hanna Bouveng alleges, among other things, that she “was repeatedly and consistently subjected to unsolicited sexual propositions and sexual commands, as well as sexual gropings, molestations, assault and battery, as well as stalking.”

Share This: