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Every so often I am given the opportunity to handle cases outside my usual practice areas that I find interesting and that, most importantly, give me a chance to right a wrong. One such case involved a female English bulldog/movie star named “Chunk” (pictured), in which the plaintiff retained me to recover Chunk from her ex-boyfriend who took,…
Read More “Dognapped” Bulldog Returned to Owner
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It is arguably the epitome of unfairness: being denied a job because you have no job. To remedy this unfairness, the New York City Human Rights Law was recently amended to add a new provision, NYC Admin. Code 8-107(21), that prohibits discrimination in hiring against the unemployed. The new law provides, in part, that unless…
Read More Lawsuit Alleges Discrimination Based on Unemployment Status Against Solomon-Page Group
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In Blanco v. NBC Trust No. 1996A, a construction accident personal injury case, the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on the issue of liability under Labor Law 240(1) claim. In finding for plaintiff, the court held: Dismissal of the Labor Law § 240(1) claim was improper in this…
Read More Plaintiff Electrician Entitled to Summary Judgment in Ladder Fall Case
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In TE v. Pine Bush Central School Dist, the Southern District of New York denied defendants’ motion for summary judgment on plaintiffs/students’ Title VI claims. Title VI of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000(d), provides that [n]o person in the United States shall, on the ground of race, color, or…
Read More Anti-Semitic Student Harassment Case Continues
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In Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…
Read More Contractor May Be Liable in Staircase Fall
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At least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support. Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led…
Read More Gym Injury Lawsuit
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The elements of a negligence claim brought under New York law are well settled. They are: (1) a duty owed to the plaintiff by the defendant; (2) breach of that duty; and (3) injury substantially caused by that breach. Thus, even if the defendant is negligent, there can be no recovery unless the plaintiff shows that…
Read More “Doored” Cyclist’s Case Dismissed Against MTA
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In O’Brien v. NYC Civil Service Comm’n, the court granted an Article 78 petition annulling the determination of the New York City Civil Service Commission confirming the NYPD’s decision finding the petitioner – who has a history of multiple sclerosis – medically disqualified from appointment as a NYPD police officer. Notably, NYPD did not physically examine the…
Read More Court Overturns NYPD Disqualification Due to History of Multiple Sclerosis
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Manhattan nightlife can be extremely exciting (I’ve heard) – sometimes in a not-so-good way. Here and below is the complaint filed on October 27, 2014 by plaintiff Amanda Keisoglu against the Hotel Gansevoort and Marie Thys (among others). Plaintiff alleges that, on August 23-24, 2014 while partying with her friends, Thys “violently, forcefully, intentionally, and in…
Read More Stiletto Stab Lawsuit Against Hotel Gansevoort
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In Gibbs v. Albee Tomato Co., Inc., a slip-and-fall case, the Appellate Division, First Department explained why the Supreme Court, Bronx County, properly denied defendants’ motion for summary judgment dismissing plaintiff’s complaint: Defendants did not establish their entitlement to judgment as a matter of law in this action where plaintiff was allegedly injured when he…
Read More Tomato Water Slip-and-Fall Case Continues