2014

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In D’Agostino v. YRC, Inc., the Appellate Division, Second Department affirmed the denial of summary judgment on liability in favor of the plaintiff, who was struck in the rear. Here are the facts: During the late night hours of October 22, 2010, the plaintiff was driving in the northbound right lane of Interstate 87, near…

Read More Possible Explanation for Rear-End Collision Precludes Summary Judgment in Favor of Rear-Ended Plaintiff
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Here and below is the complaint filed in Brooklyn federal court on September 15, 2014 against a Queens and Long Island medical practice known as DocCare and its CEO Alan Bigman. Here’s the New York Post article on the lawsuit. Plaintiff, who worked for defendants as a medical assistant, alleges that defendant failed to pay plaintiff for…

Read More Plaintiff Sues for Wage/Overtime Violations After Being Fired, Ostensibly Because of Instagram Smoking Photo
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By now you may have read the open letter by SoHo bartender Laura Ramadei to customer/hedge funder Brian Lederman, chronicling an unpleasant encounter in which Lederman allegedly groped Ms. Ramadei while she was waiting on him and then left her a paltry tip because she rejected his amorous advances. Here’s the Gothamist article about the incident.…

Read More Sexual Harassment by Non-Employee Customers, Clients, and Patrons
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Here is the federal lawsuit recently filed by waitress Alexandra Mitropoulous against Avlee Greek Kitchen and its owner, Peter Rogakos. Plaintiff alleges, that she was constructively discharged after being subjected to sexual harassment and battery. For example, she alleges that Rogakos asked her what color underwear she was wearing, pulled her hair, and tried to kiss…

Read More Sexual Harassment Lawsuit Against Avlee Greek Kitchen and Peter Rogakos
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In Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…

Read More Negligent Hiring and Retention Claims Continue Against Korean Bank
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In Panagos v. Brooklyn Botanic Garden Corp. (decided Sept. 2, 2014), a trip-and-fall case, the Supreme Court, Queens County denied defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury case, plaintiff (a 73 year-old woman) sued after sustaining injuries after tripping and falling on a series of three steps near the Cherry Esplanade and…

Read More “Optically Confusing” Steps Create Issue of Fact in Trip-and-Fall Case
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In Johnson v. City University of New York, decided Sept. 8, 2014, the Southern District of New York once again clarified that Title VII of the Civil Rights Act of 1964 does not prohibit bullying and harassment that is unconnected with legally-protected characteristics. The court’s first paragraph summarizes the law nicely: Bullying and harassment have no…

Read More “Bullying” and “Harassment” Unconnected to Membership in a Protected Class Not Actionable Under Title VII
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In Delaney v. Bank of America et al. (decided 9/5/14), the Second Circuit affirmed the district court’s decision granting defendant summary judgment on plaintiff’s age discrimination and breach of contract claims. Age Discrimination As to plaintiff’s age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA), the court rejected plaintiff’s reliance on another…

Read More Second Circuit Affirms Dismissal of Age Discrimination and Breach of Contract Claims
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In Ortiz v. New York City Housing Authority, decided Sept. 11, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. In this personal injury slip/trip-and-fall case, plaintiff sued after she was injured after falling on ice on the sidewalk adjacent to defendant’s residential building. In finding that the trial…

Read More Plaintiff Overcomes Summary Judgment in Ice Trip/Fall Case
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