November 2014

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In a “typical” car accident case – i.e., one involving a collision of two cars driven by private operators – the issue is whether one of the drivers (the defendant) was “negligent”. However, as illustrated by the Court of Appeals case of Frezzell v. City of New York (decided 11/20/14) in a case where the defendant…

Read More Court of Appeals Explains the “Privilege” Enjoyed by Emergency Vehicle Drivers in Personal Injury Cases
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In Mathew v. North Shore-Long Island Jewish Health System, a Summary Order dated 11/13/14, the Second Circuit explained that, in a case alleging retaliation under the Family and Medical Leave Act (FMLA), courts “are decidedly not interested in the truth of the allegations against plaintiff when evaluating pretext”, and are rather “interested in what motivated the employer.”…

Read More Second Circuit Reiterates That Employer’s Motivation, Rather Than Truth of Allegations Against Employee, Are Key in Evaluating FMLA Retaliation Claims
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In James v. Terrace Tavern, LLC, an upstate trial court dismissed plaintiff’s Dram Shop Act and negligence claims against defendant bar. In November 2011, Defendant Robert McKenzie shot plaintiff Donovan James. Prior to the shooting, McKenzie was sitting in defendant’s bar. Plaintiff sued under, inter alia, the Dram Shop Act, codified at General Obligations Law §…

Read More Court Dismisses Dram Shop Act and Negligence Claims in “Bar Shooting” Personal Injury Case
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In Nelson v. Vigorito, the Appellate Division, Second Department affirmed the denial of summary judgment to defendants on plaintiff’s claim of sexual harassment based on a hostile work environment under the New York State Human Rights Law. Here are the facts, as summarized by the court: The plaintiff, a former employee of the defendant Security…

Read More Sexual Harassment/Hostile Work Environment Claims Continue Against Long Island Car Dealership
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While many personal injury cases involve various factual issues (particularly relating to the often-contested issue of negligence) that require resolution by the trier of fact, some contain issues that may be resolved as a matter of law. One example is the so-called “pedestrian knockdown” case in which a pedestrian is struck while lawfully crossing the street…

Read More Plaintiff Entitled to Summary Judgment in Pedestrian-Knockdown Case
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In a lawsuit captioned Misas v. North Shore-Long Island Jewish Health System and Julio Cardoza, SDNY 14-cv-8787 (filed Nov. 4, 2014), plaintiffs allege that defendants North Shore-Long Island Jewish Health System and Julio Cardoza subjected them to harassment, discrimination, a hostile work environment and retaliation. They assert, for example, that a supervisor told one plaintiff…

Read More Sausages, Pornography, Witchcraft, and Spanking: Sexual Harassment Lawsuit Against Lenox Hill Hospital
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In Satina v. NYC Human Resources Admin., the Southern District of New York held that plaintiff adequately stated claims for discrimination (unequal pay due to her gender) and retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff…

Read More Court Provides Roadmap For Pleading “Unequal Gender Pay” Discrimination Claims
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In Thomas v. New York City Dept. of Educ., the New York Supreme Court held that the Department of Education erred by denying petitioner – a paraprofessional who worked with special needs children at the Department of Education – reinstatement following his termination due to a conviction for drunk driving assault. It annulled, under CPLR Article…

Read More Special Needs Paraprofessional Entitled to “Second Chance” at Employment Following Conviction for Drunk Driving Assault
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In Browne v. Board of Education, the Appellate Division, Second Dept. affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s claim for gender discrimination under the New York State Human Rights Law, N.Y. Executive Law § 296. In a terse decision and order devoid of factual elaboration, the court held: In opposition to the defendants’…

Read More Second Dept. Case Explains One Way to Prove Pretext in Employment Discrimination Cases
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