October 2014

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In Rodriguez v. Woods (a snow/ice slip-and-fall case) the Appellate Division, First Department reversed summary judgment for defendant City of New York. Plaintiff sued to recover for injuries sustained when she fell on an icy sidewalk. The main dispute in this case was “whether plaintiff raised an issue of fact as to whether the ice on…

Read More Injured Plaintiff Presents Sufficient Facts to Overcome Summary Judgment in Snow/Ice Slip-and-Fall Personal Injury Case
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In Nankivell v. Ardis Health, LLC, the court denied defendants’ motion to dismiss plaintiff’s claim for sex discrimination and harassment under the New York City Human Rights Law (NYCHRL). The NYCHRL is broader than its federal and state counterparts (Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law,…

Read More Sexual Comments and Conduct Were Not “Petty Slights or Trivial Inconveniences”, Supporting Sexual Harassment/Hostile Work Environment Claim Under NYC Human Rights Law
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Last week the New York Court of Appeals issued a decision in Pelletier v. Lahm. In that tragic case, defendant driver Brittany Lahm lost control of her car when she took her hands off the wheel after a passenger untied her bikini top. The jury found in defendant’s favor, after the court instructed it on the…

Read More Court of Appeals Approves of “Emergency Doctrine” Charge in Brittany Lahm “Bikini Crash” Lawsuit
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In Derezeas v. Robert H. Glover & Assoc., Inc., decided October 16, 2014, the Appellate Division, First Department, held that the Supreme Court properly denied defendant’s motion for summary judgment. That is, plaintiff gets to have her case decided by a jury. Plaintiff was a pedestrian who was injured when an individual participating in defendant’s running…

Read More Pedestrian Literally “Run Down”; Case Continues
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In Cadet-Legros v. New York University Hospital Center, 2014 WL 11087457 (Sup. Ct. NY Cty . Oct. 9, 2014), the court denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim under the New York City Human Rights Law. This decision illustrates how even allegedly “race neutral” language can be evidence of an improper…

Read More Evidence of “Coded Racial Language” Sufficient to Overcome Summary Judgment on Race Discrimination Claim
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In Achaibar v. City of New York, a personal injury car accident case, the Supreme Court, Queens County denied defendant City’s motion for summary judgment. Here are the facts: [Plaintiff testified that] the traffic signal, at the intersection of Hillside Avenue and 212th Street, was blinking yellow-amber at the time of the occurrence. Notably, the…

Read More No Summary Judgment for Defendant City in Car Accident Case Involving Alleged Broken Traffic Light
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In EEOC v. Port Authority, decided 9/29/14, the Second Circuit provided guidance on the level of specificity necessary to survive a motion to dismiss a claim under the Equal Pay Act of 1963, 29 U.S.C. 206(d). This case began with a charge of discrimination filed by a female Port Authority attorney, and led to an investigation…

Read More Failure to Allege Facts Concerning Attorneys’ Job Duties Results in Dismissal of Equal Pay Act Claim
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In Williams v. New York City Tr. Auth. (decided 10/8/14), the Appellate Division, Second Department affirmed a judgement entered on a jury award of $480,000 (reached by applying the jury’s determination that defendant was 80% at fault in the happening of the accident to its assessment of $600,000 in damages sustained by plaintiff). Here are the…

Read More Court Affirms $480,000 Jury Award to Trip-and-Fall Plaintiff
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In Hu v. UGL Services Unicco Operations Co., decided October 9, 2014, the Southern District of New York dismissed plaintiff’s age discrimination claims under the federal Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). One take-away point from this case…

Read More Absence of Ageist Comments Dooms Age Discrimination Case at the “Pretext” Stage
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