July 8, 2014 – Pospis Law, PLLC

July 8, 2014 by mjpospis

Supervisor’s “You People” Remark Supports Race Discrimination Claim

In Battle v. Carroll, the Western District of New York denied defendants’ motion for summary judgment on plaintiff’s Title VII race discrimination claim. Plaintiff Ola Battle, a black woman, worked for 17 years as a Holiday Inn housekeeper until she was fired following an expletive-laced confrontation with her supervisor, David Carroll, in which she told him…

Project Manager Covered By Labor Law 241(6) in Construction Accident Case, Even Though He Did Not Perform “Labor-Intense” Work

In DeSimone v. City of New York, decided July 3, 2014, the First Department held: Plaintiff’s Labor Law § 241(6) claim was improperly dismissed on the ground that plaintiff was not covered under the statute. Plaintiff testified that he was an onsite project manager, employed by one of multiple general contractors on the subject construction…

Court Upholds Jury Verdict for Plaintiff in Elevator Accident Case

In Brownrigg v. New York City Hous. Auth. (decided July 2, 2014) – a construction/elevator-accident case – the Appellate Division, Second Department denied defendants’ CPLR 4404 motion, and upheld the jury’s verdict that defendants were liable under New York Labor Law §§ 200 and 241(6). In this case, plaintiff and his coworker, both elevator mechanics, were repairing one…